Page 40 - AVN November 2017

BUSINESS NEWS
(Legalese continued from page 38)
for copyright infringement as the CDA provides for other species of bad speech.
However, the DMCA only provides immunity if the provider follows the rules—
and here’s what they are:
First, the provider must have a mechanism for copyright owners to complain
about infringement. To accomplish that, the provider is required to post the
identity of a DMCA agent. A victimized copyright owner is given the opportunity
to complain to the agent, although the complaint must be in the form required by
the DMCA.
Upon receipt of the complaint, the provider must promptly disable access to the
material and give notice about the complaint to whomever posted it. If the poster
fails to respond, then the material stays down.
However, the poster is permitted to file what is called a “counter notice.” For
example, the counter notice might claim that the material is in the public domain;
or that the poster has a license to publish the material. In that event, the service
is to notify the complainant about the counter notice; and the complainant has 10
days to file a lawsuit. Otherwise, the material can stay up. Notably, though, the
service is free to take down anything it wants!
There are a couple of requirements too complex to approach here in detail.
One is the “Red Flag” requirement, meaning that the provider can’t ignore
infringement that it knows about. The other is the “repeat offender” requirement,
which requires the provider to block access to repeat posters of infringing
materials. (And, yes, as is obvious, the sinister poster, who might be in Estonia,
can continuously change his identity and continue to infringe.)
The Future
The DMCA has its problems, as industry veterans know. In one sense, it
promotes free speech. However, in another, it permits wholesale infringement
of copyrights, although theoretically that permission would only be for a limited
period of time. Even the most diligent copyright owner can be victimized by
wholesale infringement a few weeks at a time. Also, the problem requires constant
surfing of the ’Net, searching for duped materials. Figure on Hollywood to
continue grousing about the infringement facilitated by the DMCA.
As to the CDA, in their zeal to garner publicity, politicians are screaming about
sex trafficking. (Human trafficking of “sweat shop” labor doesn’t sell quite as
well to the news media—and after all, the whole thing is about name recognition
and being reelected.) Because sex trafficking happens over the internet (as it
does at coffee shops and airports, as well), Congress is trying to come up with a
palatable way to roll back immunity to apprehend these scoundrels. Most recently
(at this writing), Senator (Republican, of course) John Thune and his Commerce
Committee begged the internet industry to help them write legislation limiting
immunity to facilitate sex-trafficking prosecution. That’s sort of like when your
father said, “Go get something for me to whip you with.” Good luck with that.
But Senator Thune made the papers, and isn’t that the real objective? Wall Street
Journal, September 20, 2017, p. B5.
Clyde DeWitt is a Las Vegas and Los Angeles attorney, whose practice has been focused on adult
entertainment since 1980. He can be reached at ClydeDeWitt@earthlink.net. More information can
be found at ClydeDeWitt.com. This column is not a substitute for personal legal advice. Rather, it is to
alert readers to legal issues warranting advice from your personal attorney.
Doc Johnson Launches Traveling Sex Toy Vending Machine Campaign
Pleasure product manufacturer Doc Johnson has had its share of
and on its social media platforms, including Facebook, Instagram,
mainstream exposure, but now the company is literally putting
and Twitter.
its name out on the street. Last month the company launched a
“Our new campaign, the ‘Pop Up Pleasure Machine,’ aims to
temporary, traveling vending machine installation that will tour the
expand our reach, and drive awareness of the Doc Johnson brand
country into early 2018.
amongst a millennial audience in particular,” said Doc Johnson
Doc Johnson transformed a traditional vending machine into a
Marketing Executive Erica Braverman. “We’re finding that people,
technicolor touring pop-up, which will feature a curated selection
and millennial men and women especially, want to break the ‘sex
of Doc Johnson products (including the Tryst silicone massager, the
toy taboo’ with us; and they also want to engage with brands in an
Buzz Liquid Vibrator, and the multi-colored American POP! Mode
authentic, experiential way.”
plug), as well as select Doc Johnson swag.
“The point of this project is really not about the sale of individual
The “Pop Up Pleasure Machine” will travel to various locations
products, but is more so a unique and interesting way to connect
across the USA for a few days at a time throughout the next few
with a new audience— while also sparking conversation and
months.
generating excitement for pleasure products in general,” said Doc
The machine’s first stop was October 6 in downtown Los Angeles
Johnson COO/CCO Chad Braverman. “I think that this pop-up
for Whitney Bell’s exhibition “I Didn’t Ask for This: A Lifetime of Dick Pics.”
concept is right on brand for us, and something that people will love getting
The machine made its second appearance the following day at Boomtown
involved in.”
Brewery, also in downtown L.A., for a party at the Disco Dining Club, an
Scott Watkins, Doc Johnson VP of sales and marketing, said, “While customers
underground, bimonthly supper club which draws in tastemakers like Dita Von
can already see our products in retail stores across the country, we wanted to
Teese and has been heralded in the press as “Los Angeles’ Most Decadent Dinner
provide another way to create top-of-mind awareness for people who wouldn’t
Party.”
have otherwise thought of sex toys as a holiday gift. Our retail and distributor
For the remainder of the Pop Up Pleasure Machine’s multi-city tour, Doc
Johnson will announce the ongoing vending machine’s locations via press releases
partners should prepare for an influx of demand for Doc Johnson products.”
For inquiries, email sales@docjohnson.com.
LEGALESE | By Clyde DeWitt
FineAss Marketing Rebrands as Forward Approach Marketing
FineAss Marketing has rebranded as Forward Approach
Marketing, keeping its catchy FAM acronym. The new
name and website were created to reflect shifts in the
company’s focus, and to better represent its current
roster of clients.
“The rebrand has been fun and exciting. I was
able to define who we are and what we stand for in a
more succinct and current way. I am very proud of the
final results and I’m looking forward to growing the
company exponentially in several different markets,”
said Adella Curry, FAM’s CEO and founder. “Today,
with the huge shift in the adult market away from
traditional video, toward education, health and
wellness, and a shift in our clients to include more
fitness brands, it was time to refresh.”
Established in 2010 as a full-service public relations
and marketing firm, FineAss Marketing has developed a
solid footprint in the adult industry by serving many of
its largest brands and biggest personalities.
Today, as the adult landscape continues to shift
toward pleasure products, education, custom and
performer-owned content, and less gender defined
roles, FAM has taken many steps to meet its clients’
changing objectives. Although traditional PR remains
a demanded service, FAM dedicates more time to the
creation of full 360-degree marketing plans that address
both B2B and B2C market share, SEO, social media and
advertising campaigns.
The new website, ForwardApproachMarketing.com,
provides visitors with information about the people
who comprise FAM. For additional information, email
beverly@forwardapproachmarketing.com.
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