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Porn Week: D'Evils - Investigating Child Porn

January 26th, 2009 by

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As posted on HipHopDX.com on January 23, 2009
by: Anthony Springer Jr.

The old cliché states, “A picture is worth a thousand words,” but in the era of emerging technology, a seemingly innocent photo can also be worth 15 minutes of infamy. Last December, two Washington cheerleaders were suspended after nude photos of the pair were circulated. I’m not talking about Washington Redskins cheerleaders—though any NFL owner would likely terminate a cheerleader for a similar infraction. I’m talking about Washington state high school students.

After school officials uncovered the tawdry photos, both girls were suspended from the cheerleading team—one for 30 days, the other for the duration of the school year. As a result, the parents of the unidentified minors filed suit, alleging that administration violated the girls’ due process rights, and failed to report the incident to the police as possible child pornography.

The charge that the administrators were in possession of child pornography is perhaps the most serious and has far reaching implications. In fact, it’s one of a handful of cases in which nude photos or videos of teens have been at the heart of an investigation. On January 14, three teenage girls and three teenage boys in Greensburg, Pennsylvania were busted for child pornography. According to reports, the girls allegedly sent nude or semi-nude photos of themselves to the boys in question. The photos were uncovered after school officials confiscated a cell phone that was used inappropriately during school hours. The seemingly innocent moment of camera play mixed with stupidity has led to adult charges. All six teens—between the ages of 14 and 17—were hit with various charges including manufacturing, disseminating or possessing child pornography.

Similar cases have been reported in a number of states, and while the mainstream media is just beginning to pick up on this trend, the issue of “sexting”—as it has been dubbed by some—is nothing new. However, the increased attention from authorities presents a growing problem for a handful of exhibitionist teens and webmasters that may have images of underage kids in compromising positions.

While pornography is essentially at the heart of this debate, teens and amateur sites that create and distribute sexually explicit images is not likely to cause a backlash among the adult industry. “Amateur sites are not a problem for the industry; they’re a problem for the people who have them,” attorney Eric M. Bernstein of Bernstein and Associates, LLC told HipHopDX. “You have an obligation for record keeping; record retention and most people don’t go out and do that kind of thing.”

While many critics of the porn industry may try to dubiously link the rise of lewd teen behavior to smut peddlers, the fact remains that the adult film industry religiously practices the art of covering their asses (no pun intended)—ensuring that would be underage performers never see the bright, hot lights that come with shooting a professional sex scene. Michael Fattorosi of AdultBizLaw.com underscores Bernstein’s point on this issue. “It really doesn’t have an impact on the industry,” he said when asked if the current crop of cases will cause further scrutiny of the porn industry. “This industry does not use children. 18 USC 2257 requires us to keep records of the performers’ identification attesting that they are 18. I don’t remember the last time a mainstream production company shot somebody under 18 knowingly.”

For those of you outside the legal realm, 18 USC 2257 is the statute that mandates that any producer of a sexually explicit “book, magazine, periodical, film, videotape, digital image, digitally- or computer-manipulated image of an actual human being… create and maintain individually identifiable records pertaining to every performer portrayed in such a visual depiction.” In other words, when, or if the law comes calling, producers must be able to prove that all performers met or exceeded the age of majority at the time of production.

In the case of a growing number of “home grown” sites cropping up in the Internet featuring—in many cases—scantily clad (or fully nude) girls displaying their wares for the world to see, the prospect of jail time is very real. Many amateur sites are lacking the required documentation under the 2257 statute and it won’t take a rocket scientist to figure out that the grown up body dancing in front of the Sponge Bob bed sheets and the posters of the latest teen heartthrob has likely not reached the age of consent. Though many of these home grown videos are created and disseminated by teens, not taking action would potentially create an environment that would give a safe haven to pedophiles, Fattorosi said.

“This is the slippery slope that you have,” he explained. “A teenager took a picture of a teenager and sent it to another teenager. That’s not necessarily what child porn or child exploitation is. The idea is that it’s an adult taking photos of a child. The problem that you have is unless you prosecute that in the same manner, it allows an adult to hire a sixteen year old kid to shoot his girlfriend and sell it. You don’t want to give any opportunity for that to happen. I understand why they’re prosecuting that and treating it with such contempt.”

As current technology allows a computer savvy individual to take a nude photo and distribute it to the world within minutes, the legal attention given to teens disrobing for the camera poses potential problems for social networking sites such as MySpace, which boasts millions of members. Though the number one social networking site in the world reserves the right to remove inappropriate photos, and aggressively goes after users who violate its terms of service. “The social networking sites are very specific, they will not accept naked or topless photos because teenagers are doing things they have no business doing,” Bernstein said. “I think you’ll continue to see crackdowns.”

Self policing beats federal policing any day of the week, particularly when one’s freedom and livelihood are at stake. Video sharing site YouTube is crystal clear on its no porn policy. The community guidelines on the site explicitly state, “YouTube is not for pornography or sexually explicit content. If this describes your video, even if it’s a video of yourself, don’t post it on YouTube. Also, be advised that we work closely with law enforcement and we report child exploitation.” Ning, a site that allows individual users to create their own social networks, removed all of the adult content on its networks at the beginning of the year. While reports stated that adult content on Ning’s social networks were a mere one percent, a sliver of that contained video and photos of minors—or women who appeared to be under the age of 18.

It may be very possible that all these youngsters need is a stern talking to and the public embarrassment that comes when personal photos get into the wrong hands. The increasing media attention should also be enough to scare perpetrators—and future perps—straight when it comes the creation and distribution of pornographic photos. However, the legal option is on the table and due to the serious nature child pornography and the potential exploitation that accompanies the crime, a growing number of prosecutors seem to be treating these juveniles as adults.

“I really think they’re going to have to prosecute [these cases] as if it were child porn,” Fattorosi said in regards to future occurrences of sexting gone wrong. “It’s unfortunate, but I understand. Would I prosecute it if I was a prosecutor? Probably not, if you can see that it was kids. But I understand why they’re doing it.”

The final chapters on teens use—or misuse—of cameras and the Internet are being written as we speak. Warnings against the distribution of pictures or video among minors and the serious charges that follow being caught are not likely to deter hormone driven teens in love—or in lust. Consequently, home grown sites are also likely to keep popping up, record keeping be damned. Though the Pennsylvania teens probably won’t serve hard time if convicted, they may have to register as sex offenders—a potential deathblow to future job prospects. And while the teens in question may skirt prison sentences in every new case that develops, the law is not likely to treat a web master found distributing child pornography with the same kid gloves. In addition to being a violation of federal law, possessing and distributing child pornography is a felony in all 50 states, and if the local district attorney wanted to get in on the action of prosecuting a case, state charges will pile on to any federal charges.

At the end of the day, the threat of legal prosecution and public shame won’t deter teens determined to create and share homemade nude images. Legal prosecution also doesn’t take the place of something not often talked about in this new child porn debate: parental supervision. Fattorosi isn’t sure that nude teen photos or videos should necessarily be labeled as porn, however, he is certain that parents are the key to stopping the trend—not prosecution.

“[It’s] still problematic that a 16-year-old girl with a web cam puts [an explicit video] on YouTube. Is it porn if a girl isn’t engaging in sex if she’s not naked? Is it irresponsible for her to put herself out there and her parents aren’t supervising? Yes. What it all comes down to is parental responsibility. If you leave a child unsupervised, things like this happen.”

“Ultimately,” he added, “it comes down to the parents and that’s what people don’t want to hear.”

Porn Week: Is Pornography Degrading To Women?

January 26th, 2009 by

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As posted on HipHopDX.com on January 20, 2009
by: Anthony Springer Jr.

If you ask one hundred people what pornography is, you’re likely to get one hundred different answers. If you ask another one hundred what they think about pornography, you’re likely to get one hundred more. Sex sells, but mediated sexual acts wrote the blueprint on monetizing the erotic to the downright frightening. The multibillion dollar a year adult entertainment industry has put its stamp on everything from the local 7-11 to the Supreme Court.

In the ’70s and ’80s pornography—or the debate about pornography—drew strict battle lines between the sexes, liberals and conservatives, and the feminist movement. The latter group birthed two staunch anti-pornography advocates in Andrea Dworkin and Catharine MacKinnon. The pair, along with other activists, believed that pornography was vile, a tool used by men to degrade, objectify, and dehumanize of women. Attempts by the two to censor pornography were ultimately unsuccessful, but the fallout from their efforts kept the pornography debate raging on into the ’90s.

Today, the landscape of the industry has undoubtedly changed from the time when it was almost exclusively a boys club (and more specifically, a white boys club). While most pornography is still made for and marketed to white men, there are a number of women taking charge in front of, and behind the camera. So the question is simple: in 2009, is pornography degrading to women? Is it the dehumanizing and degrading industry that Dworkin and MacKinnon alleged years ago? Or is it just another way for thousands of men and women to pay their bills and keep food on the table?

Craig Gross, the founder of XXX Church believes pornography is still harmful. Gross and his team have been attending adult conventions for the last seven years, distributing Bibles to attendees while reminding them that Jesus loves them. The group even passes out stickers and t-shirts bearing the phrase, “Jesus loves porn stars” to cement their message of love. While Gross does not condemn the industry—as many of his more conservative counterparts do with messages of hell fire and damnation— he certainly doesn’t condone it. “I think most [porn] nowadays is [degrading to women],” Gross told DX. “Long gone are the days when it was just one guy and one girl. If you look at half these titles out here, it’s very violent. I’d say this world of fantasy is pretty twisted. I’d say it’s not what you’ll find in a healthy sexual relationship. Most of this is geared toward the fantasy of the guy and the women are the objects.”

The pastor of the “#1 Christian Porn Site” acknowledges that the industry is not churning out sex slaves, but also believes that the almighty dollar causes many performers to do things they wouldn’t normally do. “Most of these girls aren’t stupid, they’re not going to go to work and be tormented, but it’s a sliding pay scale. You have sex with one guy, its 600 bucks. You have sex with three guys at a time, it’s a lot more. They’re not forced to do anything, but the final product I think is degrading.”

Not so fast say many of the women who actually perform. A visit to the Hustler booth at this year’s Adult Entertainment Expo revealed a group of women who are in control of the acts they perform on screen—and they seem to be loving every minute of it. “I do this because I love it, nobody forces me to do anything,” 20-year-old Madison Scott said. “I don’t think it’s degrading at all. For the girls who make this a job and make this their business, they do really well. I haven’t had a single problem.”

Britney Amber echoed Scott’s sentiments, and also added that many of the girls are in total control over what they do—or do not do—on camera. “I’m completely in control of myself. I’m 100% in control. If there’s something that I’m not cool with, I can say no and walk away.”

One dominate stereotype that seems to propel the “porn is degrading” ideology is that most of the (young) women in the industry are damaged through previous bouts with sexual abuse, a lack of an education, and a desire to get rich by any means necessary.

And while some starlets ultimately fit the profile, Ryder Skye smashes it to pieces.

Standing just 5’2”, Skye—a self described feminist—is not imposing but commands attention when she talks about her profession. The relative newcomer to the industry is currently pursuing a bachelor’s degree in Women’s Studies and eventually wants to become a therapist. She’s candid when giving her opinion on the never ending pornography debate. Skye believes that pornography can be a source of empowerment for women, and efforts to ban or suppress pornographic media go against feminist ideals. “I think not allowing women to express themselves freely and sexually is extremely repressing for women and goes against feminism in general,” she stated. “In the US, we have this big sexual stigma where we feel like it’s uncomfortable to talk about. Why? It’s the same thing with porn, women watch porn, couples enjoy porn too. I understand both arguments, but I think pornography can be extremely empowering for women.”

One thing you won’t hear Skye say is that the industry is easy. She acknowledges that some women haven’t been fortunate enough to have the experiences she’s had thus far.

“I think what’s unfortunate is that [anti-porn advocates] end up talking to girls that have had bad experiences. Pornography is not for everybody. You have to be in control of everything and know when to say no. This is not a job that everybody can do; you really have to like sex. The second you feel like you need to be drunk to be on set, that’s when you need to stop.”

While many of the prevailing stereotypes about the industry—and subsequent allegations about its treatment of women—lie with images of battered and broken women who exited the industry, hooked on alcohol or drugs. Those who view the industry with such a broad scope may forget that for many, pornography is not simply a hobby, or an activity to engage in on the weekends. For the thousands of men and women who make up the industry, it is a way of life. Sex is often associated with intimacy, or at the very least, not something that should be sold to the highest bidder. However, pornography is just as much a business as running a record label or a department store; and running a business properly is a necessity. This includes not drinking or taking drugs during a shoot, or physically abusing women.

Michael Fattorosi of AdultBizLaw.com says abuse has happened and will continue to happen on set, but it is not the norm for the industry. “As far as mistreatment physically, I don’t see that happening too often. The people that make the movies aren’t bad people.” Ideas of physical abuse may be birthed from images of hardcore porn. Typically, spitting, slapping, biting and other actions typically associated with aggression don’t engender fond feelings to those who don’t participate in these acts in a sexual setting. Fattorosi is quick to point out that when these acts are depicted on screen, the performers are consenting adults living out a fantasy for willing consumers.

“In an industry where sex is what you’re selling, people have different types and flavors of fantasy. Some guys like rough sex, some women like fantasy, it runs the gamut,” he explained. “For the most part, the agents have done a good job with making sure that if a girl is going to a set, she knows what she’s prepared for. [Abuse] has happened, but for the professional side of the industry, they don’t physically abuse women. They don’t get them drunk or give them drugs.”

Even smaller companies are going the extra mile to make their female talent feel comfortable. Topp, from the New York based Creem Team Production says using women behind the camera goes a long way with the women who appear in front of it. “My assistant is always a female,” he says. “When [a woman] comes to a shoot, the person giving her the interview or the paperwork is always a female. It’s not just a bunch of guys around. I have females dealing with females; that seems to make everybody a lot more comfortable.”

So, if performers don’t believe they’re being degraded by performing, where does the belief that pornography is degrading to women come from? Much of the answer stems from academic research on the effects of pornography on consumers. Several studies have shown that the consumption of pornography can lead to decreased satisfaction with one’s partner, fuel aggression towards women, and promote an acceptance of rape. The data coming from academic studies does, on the surface, give credence to those who believe pornography should be banned, but a close look at what the studies actually say will more often than not unearth problems for anti-porn advocates. Rape in the United States has been occurring since at least the 1400s, centuries before pornography became a way to make money. Other studies that examine the effects of porn (often on men) have not been conducted over a lengthy period of time and long term studies of pornography effects are seldom undertaken.

At the end of the day, pornography—particularly in it’s more hardcore forms—just makes some people uncomfortable. Veteran porn star, activist, and nurse, Nina Hartley believes that those who believe pornography is degrading to women are simply projecting their feelings onto the stars they see on film.

“I think porn is degrading only if a person has an attitude about sex that says sex only belongs in a certain place,” Hartley, 49, said. “Being degraded is a subjective experience. If I don’t feel that I’m being degraded by performing in sex films, I am not being degraded. Other people look at my work and say, ‘Oh my gosh, she is being degraded.’ That’s projection. People place their own actions and feelings onto an activity they don’t understand. For them, if they were in such a position, they would be and feel degraded [but they think] it’s a universal experience.”

“It’s very narcissistic but very common. Degradation is a subjective experience and not objective or quantifiable.”

Balancing Talent Agents, Performers and Producers

January 26th, 2009 by

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As posted on XBiz.com on Saturday, January 24, 2009
by: Michael Fattorosi

There has been much debate recently as to the role talent agents play in the adult entertainment industry.

In November 2008, seven California-based licensed and bonded talent agencies came together and formed the Adult Entertainment Agents Trade Association. The mere fact that the “legal” talent agents have joined to form a trade association has caused a stir amongst numerous producers and performers alike. There has been much discussion as to talent rates and fear that the association will result in price fixing. This article will address the legal ramifications of what role an agent has and what this means to producers and performers.

First off, one must define what a talent agent is. Many in the industry try to blur the line between agents and managers. An agent is a person that secures employment for a performer. A manager is just that — he or she manages a performer’s career — but cannot legally secure employment for their client.

In order for an agent to be “legal” that agent must be licensed and bonded by the state of California. Labor Code section 1700 et al., is the pertinent law in regards to the licensing of talent agents. If an agent is not licensed and bonded, he or she is operating illegally and cannot collect fees from the performers they represent. Moreover, any performer that has paid fees to an unlicensed agent can file a claim with the Division of Labor Standards and Enforcement and receive a complete refund on fees paid to that agent.

A licensed and bonded agent can collect up to a 20 percent fee of the work secured by their agent. An agent cannot collect more than 20 percent as the California Labor Code legally caps this.

What about talent rates? Talent should determine their own rates. Rates cannot be set across the industry by the agents. Doing so can appear to be collusion and price fixing. Rate fixing can result in legal action by producers and can violate antitrust as well as unfair competition laws. Free market conditions should also help determine talent rates.

TALENT AGENCY CONTRACTS: WHAT DO THEY MEAN?
Often performers want to change agents and try to further their careers. What can a performer do in case they want to break their contract with their agent? The best answer is to have a lawyer review the contract before signing it so that the performer can understand what the contract means. All licensed and bonded agents in California use the same contract. Also, all agent contracts in California must be approved by the Division of Labor Standards and Enforcement (DLSE). If an agent is not using an approved contract, that contract cannot be enforced and can be voided by the performer.

Also, if an agent alters the DLSE-approved contract in any way and does not have their new version approved by the DLSE, again it usually can be legally challenged by the performer and determined to be unenforceable. If a performer wants to challenge the legal sufficiency of an agent’s contract, that performer would have to file a Petition to Determine Controversy with the Labor Commissioner’s Office. If declared void, not only will that performer be able to get out of their contract, they will also be awarded a refund of any fees paid to the agent for the year prior to the filing of the petition.

CAN A PERFORMER HAVE TWO AGENTS?
There is an exclusivity clause in the standard contract that states that the performer must remain exclusive to that agent for up to one year if that agent is indeed booking the performer work. If an agent books a performer at least once every four months, then that performer has to be exclusive to that agent. If the agent is not securing work for their client, then a performer can get out of their contract and switch agencies. Obviously, one scene every four months is certainly not enough work to earn a living on. What to do then?

There is no case law on point, but there is nothing that indicates that a performer cannot secure her own employment. California is a right to work state and case law in regards to non-compete clauses state that restrictions on employment are usually not enforceable in California courts. Therefore, it would make sense that if a performer wants, they could seek out their own scenes. However, that performer may still owe a fee to the agent that is representing with him or her.

However, what if a producer tries to hire a performer directly without the first contact being initiated by the performer? In that case the performer should honor their contract with their agent and request that producer book the scene through her agent. If a producer tries to “book around an agent” and knowingly does so, that can be actionable by the agent. It is something referred to as tortuous interference with a business relation. That can result in a civil lawsuit being filed by the agent against the producer.

In short, if an agent is not finding a performer enough work, he or she can find it on his or her own. However, it is recommended that the performer pay the agent no matter how they find the work. If a producer contacts a performer in order to book a scene directly, that performer should refer the producer to her agent to book the scene.

Producers are regularly charging performers kill fees in case the performer does not perform as required by the producer. Kill fees are a legally confusing situation. If a performer flakes on a shoot, the producer will suffer damages. A kill fee is a contract term between the producer and the performer, not between the agent and the performer.

Kill fees cannot be used by an agent to punish a performer for not performing the scene. Also, a kill fee cannot be charged to a performer unless they understood before accepting the job offer that a kill fee is part of the contract for taking the job. A performer can instruct their agent not to book them for any producers that require kill fees. Also, a performer should request all information pertaining to kill fees prior to accepting any scene and that information should be in writing.

If an agent attempts to charge a performer a kill fee without having the performer accept the kill fee as a term of that employment, the agent would be violating their duty to the performer and that performer could file a Petition to Determine Controversy to have any charged kill fees refunded as well as possibly challenging the underlying contract with the agent. Thus, agents charge a kill fee at their own peril.

In conclusion, it should be noted that an agent works for the performer and should be conducting business in a way that is in the best interest of his client. Often this is forgotten and at times it seems like the talent is working for the agent. Producers need to realize that the contracts used by talent agents are valid and do carry weight in court since they are approved by the state of California.

Lastly, talent, agents and producers should work together in determining how content will be produced and for what rate. No one’s interests are served if there is an ongoing dispute regarding the creation of content in the industry.

Michael Fattorosi is the founder and managing partner of Fattorosi & Associates, a full service boutique law firm in Woodland Hills, Calif. Areas of practice include adult entertainment law, music law, business litigation, employment litigation and intellectual property.

“How to Survive and Thrive in the Digital Environment” Summit Successfully Bridges Adult and Mainstream Media

January 19th, 2009 by

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From the website of the Free Speech Coalition

UNIVERSAL CITY, Calif. — UNIVERSAL CITY, Calif. - On Tuesday, the Free Speech Coalition (FSC) presented its “How to Survive and Thrive in the Digital Environment” Summit, in the rooftop Starview Room of the Sheraton Universal, in Universal City, Calif.

The first-of-its-kind program featured experts and legal representatives from both adult and mainstream entertainment industries, discussing the impact of digital content delivery formats on entertainment media.

Attendees, which included many of the adult industry’s most prominent business owners and content producers, were anxious for information on navigating the new digital frontier and, in particular, on the topic of piracy.

“People are starting to get together to talk about these issues, and I think it’s been very, very helpful,” Steven Hirsch, founder and managing partner of adult production company Vivid Entertainment, said. “It’s always good when we can get together and talk about these issue. These are really difficult times and our industry is evolving, so it’s important that we continue to talk about it.”

FSC Executive Director Diane Duke started the day’s discussions by telling the audience that, among other issues, all content producers face the challenge of “a whole generation that thinks that everything on your computer screen should be free.”

That point was demonstrated during the first panel, which featured Internet researcher Kelly Truelove. He showed, from a laptop computer, the methods that many pirates use to access infringed content through file-sharing and bit torrent websites. Truelove also spoke to emerging advancements in content “fingerprinting;” technology which allows material to be tracked when and where it appears on the Web, and also can be used to collect usage data and spot consumer trends.

Attorneys Michael DeSanctis, Katherine Fallow and George Borowksi talked about litigation strategies for pirate networks that have many “layers” of duplicity in terms of indexing sites, offshore servers and file-hosting sites that don’t filter user-generated content.

The following panel discussed, more in-depth, the advantages and disadvantages of litigation for content producers. Legal experts from Universal Music Group, NBC-Universal, EMI Music North America and gay adult producer Titan Media all agreed; prosecution is a worthwhile, if costly, investment in preventing future infringement.

Attorney Steven Fabrizio, of Jenner & Block LLP, said that it was essential to “target each part of the piracy chain,” including “uploaders, downloaders, ISPs, payment processors, as well as bit torrent sites with a significant amount of traffic.”

Titan Media Attorney Gill Sperlein has aggressively prosecuted content infringers and won more than 40 suits against pirates. He told the audience that due to Titan’s proactive stance, many pirate networks had declared Titan material off-limits because of the probability of getting sued when they are found out. The studio employs a tight-knit network of informants, combined with advanced Web search techniques, in order to monitor the places where its pirated content turn up.

Speaking to the issue of monetization, the next panel discussed solutions from a mainstream angle, with representatives from the Motion Picture Association of America, Sony Music, UMG Music and Warner Bros. Studios.

Panel experts pointed out that while there are many new platforms to contend with in the digital landscape - video-on-demand, Internet protocol TV, mobile, and live streaming, among others - there are also increased opportunities for reaching diverse new audiences and making content pay.

“You want to be everywhere your customer is,” Sony Vice President Lawrence Kanusher said, and bring them content “where they are and how they want to consume it.”

Several recurrent themes were evident as the expert panel talked about for creating revenue streams from digital distribution. Focusing on a quality experience for the consumer was emphasized, in order to offer users extra value that infringed content cannot.

Everyone on the panel agreed that content producers should never give away significant amounts of content and that all promotional material should lead consumers to a purchase opportunity.

“People will pay for functionality, service and convenience,” Warner Bros. Vice President David Kaplan pointed out.

The day’s highlight was a featured panel with Vivid Entertainment’s Hirsch and Adult Entertainment Broadcasting Network Founder Scott Coffman. The panel was moderated by FSC board member and Sex.com News Director Tom Hymes.

The pair discussed piracy, with an emphasis on the question of whether tube sites would ultimately be a benefit or liability for content producers. The audience was riveted by commentary from Hirsh and Coffman, who recently settled a lawsuit between their two companies, Vivid and AEBN-owned Pornotube.

“You can’t give away what you want to sell,” Coffman reminded rapt audience members.

As a result of litigation with Vivid, Coffman told attendees that Pornotube had revised its policies. Users that upload content to Pornortube must be verified partners of the tube site, with their own legitimate content sites. Coffman said that Pornotube also now requires shortened video clips, no longer than five minutes, as an appropriate length for promotional purposes.

“These are huge changes that are really important,” Hirsch said. He acknowledged Pornotube for being on the forefront of tube sites, and hoped that others would follow their lead in order to create positive relationships with legitimate content producers.

“We’re all dealing with the same issues, so obviously it would be better if we could all work together, Hirsch added. “To try and benefit from the tube sites is the way to go.”

Content producers should do their best, Coffman said, to “protect and control” their content through fingerprinting technology and dedicated efforts to monitor and pursue pirates.

However, Hirsch and Coffman agreed with other panelists that piracy has become a permanent evil and that media industries should be unified in their response to infringers.

That said, the final panel of the day discussed the role trade organizations, like FSC, played in unifying and representing industries, not only through litigation, but also education and as a resource of information.

As the advocate to legislators and legal watchdog for the adult industry, the FSC falls into its natural role as an information resource with events like the Digital Summit. The FSC is also aggressively pursuing further projects including more discussions on content piracy, as well as other pressing issues like business standards and ethics and workplace safety. The FSC serves an important role as a hub for industry members to discuss their concerns, issues and ideas for the future of the industry.

“Speaking to piracy is a chronic problem, and the long term effect of a trade organization can only be beneficial to any industry,” Sony Music Senior Counsel Jennifer Pariser said. “Not only with litigation, but helping you have a broader view of what’s going on in your industry.”

“Our industry is stronger when we work together,” Hirsch said, after his panel appearance. “It’s important that we continue to talk, continue to work together.”

The FSC Digital Summit was coordinated with the help of attorney Michael DeSanctis of Jenner & Block LLP, and attorney George Borkowski of Mitchell Silberberg & Knupp LLP.

Adult industry attorneys Clyde DeWitt, Paul Cambria, Greg Piccionelli, Al Gelbard and Michael Fattorosi also contributed to the discussion with opinions and questions for the panelists.

Adult industry members in attendance included: X-Play’s Jeff Mullen, Evil Angel’s Christian Mann, Wicked Pictures’ Steve Orenstein, Adam & Eve’s Bob Christian, Pure Play Media’s Richard Arnold, VCX’s David Sutton, Antigua Pictures’ Todd Blatt, Playboy’s Bob Johnson, Plaid Bag Media’s Peter Reynolds, directors Roy Karch, Dave Cummings and Mike Quasar, Evotum’s Mara Epstein, Falcon Photo’s Jason Tucker, ASACP’s Joan Irvine, Sparta Video’s Holly Ruprecht, publicists Wayne Hentai and Shari Beaumont, and XBIZ’s Alec Helmy, among others.

Ginger Lynn: A Photographic Retrospective

January 19th, 2009 by

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By Mark Kernes at AVN.com on January 10, 2009

LAS VEGAS — The crowd formed early in the lobby of the Erotic Heritage Museum, ready for an evening of socializing, drinking, music and entertainment, all thanks to entertainment industry attorney Michael Fattorosi and porn star Vanessa Blue.

The event was the inauguration of the museum’s Michael Fattorosi Gallery wing. Fattorosi hopes to use the space to showcase the greats and near-greats of adult industry talent in photographs.

Fattorosi gave AVN a private tour of his gallery, whose inaugural “edition” features one of the most famous adult actresses of all time, Ginger Lynn. Lined along the two walls of the narrow gallery are photos from the entire length of Ginger’s career (so far, anyway), from her earliest adult features like Dr. Ginger through her comeback films for VCA, plus her mainstream movie work such as Young Guns II and Hollywood Boulevard, and her television appearances on “NYPD Blue” and the much-missed “Silk Stalkings,” up to the present — and there’s even a nude shot of her the day before she gave birth to her son! For Ginger fans, it’s nearly a dream come true.

But the gallery formed only the beginning of the evening’s festivities. Providing background for the event was the L.A. band HDR with its high-energy rock sound; the Punany Poets and Ghetto Girl Blue, who gave erotic poetry readings; hip-hop performer Rueso; fire master Antonio Restivo; rope bondage master Mateo and assistant/sub Midori, and much more.

Proceeds from the event were donated to the Museum, which now houses one of the largest collections of erotic art, books, magazines and film in the U.S.. The Museum is located at 3275 Industrial Road, and is open daily.

Three Talent Agencies Contacted in Cal-OSHA, State Dept. of Health Investigation

January 17th, 2009 by

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Posted on AdultFYI.com on January 17, 2008 by Gene Ross

There’s more to the story about Cal-OSHA investigating a complaint regarding a female performer who contracted an STD. It seems that the LA County health Dept. is involved in this case as well. There was a question originally as to whether they were or not.

Attorney Mike Fattorosi, www.adultbizlaw.com confirms that it’s a combined effort of Cal-OSHA and the County of Los Angeles Public Health.

“I know that LA County Public Health visited the agents,” says Fattorosi.

“What I’m looking at is a letter from Peter Kerndt who is the director of the sexually transmitted disease program for LA County. He’s demanding information from three agents as to the identification of producers between the dates of September 18, 2008 and November 11, 2008.”

“Right now nobody really knows what’s going on,” continues Fattorosi.

“I’ve talked to AIM; I’ve talked to Jeff Douglas, AIM’s attorney, so right now it just seems as though they’re requesting information. And they’re quoted as saying there’s a ‘cluster’ of sexually transmitted infections that has occurred among workers in the adult entertainment industry.”

“But this is two month’s old. Why they’re investigating something from over two months ago and they’re taking this route is anyone’s guess. They don’t say anything in the actual letter why this investigation has been launched. They don’t say who; they don’t say what performers; they don’t say actual names. They just say there’s been an outbreak, and they need the names of producers the agencies booked talent through on those dates.”

“They seem to be on a fact-finding mission but I don’t know if they have the authority to do so,” Fattorosi relates.

“Not on an outbreak that’s over two months old and does not appear to be HIV-related.”

According to Fattorosi, this is he first time, as far as he knows, that agents have been contacted in such an instance.

“They have worked with AIM in the past on stuff like this,” he continues.

“This is the first time that I’m aware since I’ve been in the industry where they went directly to the agents.”

Why specifically three agents were contacted is an educated guess at this point.

“And it doesn’t say why in the letter,” Fattorosi adds.

Back story from January 16, 2009: There seemed to have been some confusion on whether it was Cal-OSHA or the California state health dept. that was questioning several porn talent agencies regarding a female performer who contracted an STD. It was Peter Riley, district manager and Deborah Gold, senior industrial hygienist from Cal-OSHA who acted on the complaint.

Earlier, posted on www.pornnewz.com: OSHA is currently interviewing employees at one of the larger talent agencies today. From what has been reported, After a complaint by a female talent who requested a condom on a shoot, was told it was non-condom and could walk, chose to shoot without a condom and contracted an STD, OSHA is now trying to figure out who’s to blame when porn talent comes down with STD’s. Since Agencies work for and are paid by their talent, talent cannot be considered employees. However, this is going to get interesting for the production companies who do cut checks to talent. More news as it comes in.

Pornlaw, Mike Fattorosi, writes on www.xxxporntalk.com: I was told that it was LA County Health Department and not Cal-OSHA. Though, Cal-OSHA might get involved at a later date.

So far I have been advised that 2 agencies have been asked for information on producers and have not yet provided any information to LA County Health and are currently investigating their options.

I am currently looking into what options the talent agents may have in this matter…

Pornlaw tells me that Cal-OSHA has dropped off letters to three agencies asking for information on production companies.

“All I know at this point is that, based on the complaint, Cal-OSHA’s trying to match it to who the production company was.”

Workers Comp Insurer Changes Rules for Talent Agents — Attorney

January 17th, 2009 by

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From XBiz.com published on Wednesday, January 7, 2009

Rhett Pardon

LOS ANGELES — Adult entertainment talent agents who are insured by State Compensation Insurance Fund and send performers to production sets of uninsured studios might be in for a shock if the porn star gets injured — they could be on the hook for a workers compensation claim.

State Fund, which manages the bulk of employers’ workers comp insurance in California, has changed its policy over workplace responsibility when adult entertainment agents book talent with uninsured production companies, according to adult industry attorney Michael Fattorosi.

Fattorosi told XBIZ that he had a half-hour long conversation with a State Fund underwriter Tuesday that revealed a bombshell over liability when he asked a question involving a new Porn Valley talent agent Fattorosi represents.

“State Fund told me that they feel there is a problem in the adult entertainment industry over injuries suffered on the set, and that someone has got to cover the performers,” Fattorosi said. “They are basically saying that the adult industry needs to police itself in regards to workers compensation insurance.

“It appears that they are taking the position that if an agent does not check whether a production company is insured, that agent can ultimately be responsible for benefits if that performer suffers an injury on set. This is a radical departure since it has been commonly believed that performers were not employees of the talent agencies.”

Fattorosi said that in order for agents based in California to be “legal,” they must be licensed and bonded by the state of California, as well as covered under a workers comp insurance policy.

According to the Labor Code, every employer in the state of California must carry workers compensation insurance. Failure to do so is a criminal offense.

For adult performers, workplace injuries run the gamut, from simple trip-and-falls to contraction of STDs, including HIV infection.

In the past, Cal-OSHA has conducted periodic spot checks on the set over workers comp insurance, and the state’s Department of Industrial Relations can shut down a porn set and could fine the company $1,000 per day, per performer, until it can prove it has workers comp policies.

XBIZ was unable to obtain comment from State Fund chief public information officer Patrick Anderson over apparent changes to the insurer’s policies, but Fattorosi said that its new rule could spread to other workers comp insurance companies that insure employers, including production companies and talent agents within the state.

“I’d expect all of them to adopt this rule,” Fattorosi said. State Fund can also assess fines and or penalties against their insureds that under report payroll. They are now expecting agents to report the earnings the performers make as a part of their payroll so SCIF can adjust insurance premiums for those agents.

“Ultimately I can see this costing the agents a lot of money in premium dollars,” Fattorosi added.

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Adult Blog Sponsors

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Home Pleasure Party Planners

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Porn Week: D'Evils - Investigating Child Porn

Porn Week: Is Pornography Degrading To Women?

Balancing Talent Agents, Performers and Producers

“How to Survive and Thrive in the Digital Environment” Summit Successfully Bridges Adult and Mainstream Media

Ginger Lynn: A Photographic Retrospective

Three Talent Agencies Contacted in Cal-OSHA, State Dept. of Health Investigation

Workers Comp Insurer Changes Rules for Talent Agents — Attorney

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