educational

Do It Yourself Copyright Law

I find it surprising that most Webmasters only consult with an attorney after they have run afoul of the law, or had their rights somehow infringed upon. When Webmasters are asked about whether or not they have retained counsel, the most frequent response I hear is “A Lawyer? I can’t afford one!” - If this sounds like a response that you would give, then here’s an article that might help…

Internext is known for the quality and importance of its legal seminars, where some of the brightest minds and most talented attorneys in the industry endeavor to keep Webmasters within the shifting and often ill-defined boundaries of the law.

Given the global reach of our Websites (and hence the endless number of jurisdictions they are available in), and the infinite variety of rules, regulations, and technical uncertainties facing anyone attempting to fully understand the legislative vagaries involved in “playing it safe” it’s no wonder that obtaining competent representation - especially in the courtroom - can be a prohibitively expensive proposition. A proposition that often leads overly frugal and under-capitalized Webmasters alike to turn to rather dubiously ‘informed’ opinions on industry message boards and Internet searches returning often questionable information.

One of the greatest areas of popular misconception revolves around copyright law - something that affects every Webmaster to one degree or another. Yet basic copyright law and the practical “how to” aspects of implementing it on your behalf is a subject that can be understood by anyone looking for a simple “better than nothing” approach to protecting their original content and intellectual property. For those seeking copyright protection within the US, the government copyright office makes it easy; visit www.copyright.gov and you’re on your way to THE source of authoritative information.

Even with this wealth of information, your individual needs may vary, and might also be beyond the borders of the United States. In these cases, having expert advice tailored to your own peculiar set of circumstances is invaluable - and a service which is provided by members of “Shark Tank” - whose Website defines the group as “an affiliation of attorneys across the United States and Canada who represent producers and independent marketers of Adult Entertainment on the Internet and in traditional markets.”

Several of these Shark Tank affiliated attorneys including Robert Apgood, Eric Bernstein, David J. James, Jr., and Paul Kent-Snowsell were on hand at Internext to hold a seminar entitled “Do It Yourself Copyright Law” which was billed as “…a special session designed to provide attending adult online professionals with the knowledge they need to copyright their own online content without having to spend the time and money necessary to hire an attorney to do what they can do for themselves.”

Helpful Information
This seminar discussed the basics of what can and cannot be copyrighted, as well as outlined the basic procedures and requirements involved for registering a copyright, with a focus on US and Canadian laws.

While in most cases copyright is automatically conferred to the creator of a work at the time of its creation, there are several benefits of formally registering your copyright which were discussed.

Registering your copyrights provides for benefits such as increased damage awards and the recovery of attorney’s fees - which is something that shouldn’t be underestimated; since the cost of pursuing an infringing party can run $25,000, which is well beyond the amount of damages you might be entitled to for violations on unregistered copyrights.

The panel’s consensus was that at the time of creation, an original work should be visibly imprinted with the copyright “circle c” symbol, and the word “copyright” along with the year of first publication, and the name of the copyright holder, whenever possible. While no longer legally required, the use of the © symbol shows the general public that the work is copyrighted, and may head off cases of infringement.

Formally registering your copyright with the copyright office within 3 months of the work’s creation will provide statutory protection back to the date of the work’s creation, even if an infringement has already occurred, protecting those who’s content is stolen the day it’s published, even if office backlog delays the formal recognition of your copyright - and is the route that the panel recommended.

All in all, this was one of the most “useful” seminars I have seen presented at Internext, providing real benefits to the attendees, and direction for further study. If you have the opportunity to attend a similar panel in the future, I recommend you take it. Stay protected! ~ Stephen

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

opinion

What France's New Law Means for Age Verification Worldwide

When France implemented its Security and Regulation of the Digital Space (SREN) law on April 11, it marked a pivotal moment in the ongoing global debate surrounding online safety and access to adult content.

Corey D. Silverstein ·
opinion

From Tariffs to Trends: Staying Resilient in a Shaky Online Adult Market

Whenever I check in with clients these days, I encounter the same concerns. For many, business never quite bounced back after the typical post-holiday-season slowdown. Instead, consumers have been holding back due to the economic uncertainty around the Trump administration’s new tariffs and their impact on prices.

Cathy Beardsley ·
opinion

Optimizing Payment Strategies for High Ticket Sales

Payment processing for more expensive items, such as those exceeding $1,000 per order, can create unique challenges. For adult businesses, those challenges are magnified. Increased fraud risk, elevated chargeback ratios and heavier scrutiny from banks and processors are only the beginning.

Jonathan Corona ·
profile

WIA Profile: Lexi Morin

Lexi Morin’s journey into the adult industry began with a Craigslist ad and a leap of faith. In 2011, fresh-faced and ambitious, she was scrolling through job ads on Craigslist when she stumbled upon a listing for an assistant makeup artist.

Women In Adult ·
profile

Still Rocking: The Hun Celebrates 30 Years in the Game

In the ever-changing landscape of adult entertainment, The Hun’s Yellow Pages stands out for its endurance. As one of the internet’s original fixtures, literally nearly as old as the web itself, The Hun has functioned as a living archive for online adult content, quietly maintaining its relevance with an interface that feels more nostalgic than flashy.

Jackie Backman ·
opinion

Digital Desires: AI's Emerging Role in Adult Entertainment

The adult industry has always been ahead of the curve when it comes to embracing new technology. From the early days of dial-up internet and grainy video clips to today’s polished social media platforms and streaming services, our industry has never been afraid to innovate. But now, artificial intelligence (AI) is shaking things up in ways that are exciting but also daunting.

Steve Lightspeed ·
opinion

More Than Money: Why Donating Time Matters for Nonprofits

The adult industry faces constant legal battles, societal stigma and workplace challenges. Fortunately, a number of nonprofit organizations work tirelessly to protect the rights and well-being of adult performers, producers and industry workers. When folks in the industry think about supporting these groups, donating money is naturally the first solution that comes to mind.

Corey D. Silverstein ·
opinion

Consent Guardrails: How to Protect Your Content Platform

The adult industry takes a strong and definite stance against the creation or publication of nonconsensual materials. Adult industry creators, producers, processors, banks and hosts all share a vested interest in ensuring that the recording and publication of sexually explicit content is supported by informed consent.

Lawrence G. Walters ·
opinion

Payment Systems: Facilitator vs. Gateway Explained

Understanding and selecting the right payment platform can be confusing for anyone. Recently, Segpay launched its payment gateway. Since then, we’ve received numerous questions about the difference between a payment facilitator and a payment gateway. Most merchants want to know which type of platform best meets their business needs.

Cathy Beardsley ·
opinion

Reinventing Intimacy: A Look at AI's Implications for Adult Platforms

The adult industry has long revolved around delivering pleasure and entertainment, but now it’s moving into new territory: intimacy, connection and emotional fulfillment. And AI companions are at the forefront of that shift.

Daniel Keating ·
Show More