Adult Law | Page 8 of 8 | Adult Attorney

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Revenge Porn: Is a Federal Criminal Ban Imminent

According the National Conference of State Legislatures, “revenge porn” is defined as “the posting of nude or sexually explicit photographs or videos of people online without their consent, even if the photograph itself was taken with consent. A spurned spouse, girlfriend or boyfriend may get revenge by uploading photographs to websites, many of which are set up specifically for these kinds of photos or videos. The victim’s name, address and links to social media profiles are often included with the images, and some websites charge a fee to have the materials removed.” In case you haven’t noticed, numerous states across…

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Acquiring Online Businesses

Before You Purchase An Online Business 2013 was a busy year in the online adult industry; especially in terms of business purchases, sales and mergers. Online businesses were purchased at record prices in 2013 and I expect that 2014 will continue the trend. This is the first of a series in which I will discuss some of the more important do’s and don’ts when purchasing an online adult business. This article is not meant to replace the services of an attorney nor is it meant to be an inclusive list of everything that a purchaser should do. Part 1 will…

Obscenity Charges against Florida Store Owner Dropped

July 19, 2013
Corey D. Silverstein
Adult Law, Criminal Defense, First Amendment, News, Obscenity

BARTOW, FL – Polk County prosecutors dropped all charges yesterday against a store owner who was charged with distribution and possession of obscenity with intent to sell after detectives purchased 10 adult movies at a Sunoco gas station and convenience store in Dundee, Fla. "There will be no jail time, no conviction and no fines" for Minakashiben Patel, adult industry attorney Lawrence Walters told XBIZ. Walters and another adult industry attorney, Corey D. Silverstein, represent Patel and worked together to strike a deal with prosecutors. A total of 20 misdemeanors and one felony charge were filed against Patel, relating to…

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Learning from the Financial Crisis in Cyprus

April 22, 2013
Corey D. Silverstein
Additional Practice Areas, Adult Law, Business Law, News

There are a multitude of reasons why you may want to have your adult entertainment business set up outside of the United States. Some of the reasons include favorable tax laws, decreased individual liabilities, and staying outside of the jurisdiction of state and federal agents and prosecutors, just to name a few. For the record, I am not suggesting that you pack up your bags and move your corporate entity and money overseas. Nor am I suggesting that setting up your corporate entity and bank relationships overseas is a bad idea. I am merely urging you to carefully analyze all…

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The Proper DMCA Takedown Notification

April 18, 2013
Corey D. Silverstein
Adult Law, Digital Millennium Copyright Act

On October 28, 1998, President Bill Clinton signed into law the Digital Millennium Copyright Act (the “DMCA”). Since becoming valid law, the DMCA has been controversial to say the least, with many demanding reform. For many in the adult industry, the DMCA has been helpful and beneficial in intellectual property protection while others in the adult industry feel that the DMCA provides too much protection and has allowed “content pirates” to abuse the DMCA for its own financial gains. The adult industry is no stranger to the DMCA. The exponential growth of “Tube” style websites over the past several years…

Let’s Talk Content and Licensing Agreements

As I write this column, the holiday season has arrived and with it the end of the year. And when the new year rolls around, the adult industry enters into one of the busiest trade show schedules of the year. In the month of January alone, AVN presents an array of shows in Las Vegas: the AVN Adult Entertainment Expo — both the B2B show and the Fan Fest — the Adult Novelty Expo, the AVN Awards Show, and InterNext. Also in the month of January, XBiz presents XBiz 360. Trade shows are a fantastic way to network, learn, improve…

Don’t Be Trapped by Headlines

It’s been a busy time for adult industry legal news, with stories popping up on websites, blogs, television stations and message boards. In the past few months we have seen the obscenity conviction of Ira Isaacs, renewed life in the Free Speech Coalition’s battle against the constitutionality of 18 U.S.C. 2257, the failure of SOPA, the ongoing war against piracy, and, of course, condom regulations in Los Angeles. Countless words have been expended discussing these important issues, with more to come in the future. In addition to the hurricane of headlines, the United States is heading toward a turbulent election…

Internext 2012: Protecting Your Online Brand

I am pleased to announce that I will be co-presenting this year's legal seminar at the Internext trade show in Las Vegas, Nevada on January 16, 2012 at 3:00pm. This year's seminar is entitled: Protecting Your Online Brand; Trademarks, Licenses and Affiliate Agreements. In an increasingly complex adult industry, the protection of your intellectual property has never been more important. This seminar is a MUST for everyone in the adult industry. More details to come soon. See you all there.

The Adult Industry and Contracts

Would you buy a house without a deed? Would you buy a car without getting its title? Or do you blindly sign every document that shows up in the mail promising free money? I'm assuming that you answered all of those questions with a "no." So why is it that most people are smart enough not to engage in the ridiculous examples mentioned above, yet when it comes to contracts and people in the adult industry, I find myself dealing with clients every day who either rushed into an agreement without a written contract, didn't consult with a lawyer prior…