‘Adults Only IP’ Conference to be Held February 24

The State Bar Association of California, Intellectual Property Section, will present a one-day conference entitled “Adults Only IP.” The speakers and panels featured at the conference will cover controversial areas of IP law, including topics relating to the adult entertainment and cannabis industries.

Several prominent adult industry attorneys will be featured speakers for panel discussions, including conference keynote speaker Paul Cambria. Attorneys Jeffrey Douglas, Michael Fattarosi, Allan Gelbard, and Greg Piccionelli also will take part in discussions.

Law students, IP Section members and non-members are encouraged to attend. To register, please click here or contact (415) 538-2508.

The conference schedule is as follows:

Growing Like a Weed: IP Law for Cannabis Businesses

The growing, processing and distribution of marijuana is already legal to one degree or another in about half of the 50 states + Washington, D.C.; it is already a billion-dollar a year business and is projected to grow to $8 billion (or more) by 2018. And that doesn’t include the ancillary businesses that support the industry: software, lighting & moisture control equipment, accounting and legal services, advertising, etc. Like every emerging industry since the founding of the country, with growth comes a host of IP issues. This panel will discuss them based on real experience to date.

Speakers: Lance Rogers, Bremer Whyte Brown & O’Meara, LLP; Shabnam Malek, Cobalt Law, LLP; Peter Gutenberg, Law Office of Peter Gutenberg

Moderator: David Branfman, Branfman Law Group, P.C.

Protecting Highly Infringed Content: Copyright and the Adult Industry

Adult content is well known for being both highly infringed and a hot bed of questionable infringement accusations. Its unique place in our society leads to particular, and particularly interesting, challenges. Hear from our panel of experts about strategies and issues special to protecting adult entertainment content.

Speakers: Allan Gelbard, The Law Offices of Allan Gelbard; Roy Liebrecht, Lookhu.com

Luncheon Keynote: Having It All: Protecting Free Expression and IP Rights

Preeminent First Amendment attorney Paul Cambria, who has represented

Larry Flynt, DMX, and Marilyn Manson, will share his experiences on the cutting edge of protecting and defending adult content. Over lunch, Paul will discuss the nexus of criminal law, constitutional law, and intellectual property, and examine how each influences the others when tackling such groundbreaking subject matter.

Keynote Speaker: Paul Cambria, Lipsitz Green Scime Cambria LLP

Getting Down and Dirty with the USPTO: IP for the Immoral and Scandalous

Dealing with unusual trademarks or patentable devices, especially those that may be considered obscene, scandalous, or immoral, can add extra complexity to protecting clients’ assets. Our panel of accomplished attorneys will share their experiences and tips for registering and enforcing potentially problematic marks and inventions.

Speakers: Greg Piccionelli, Piccionelli & Sarno; Anna Vradenburgh, The Eclipse Group, LLP; Tammy Terry, Osha Liang, LLP

50 Shades of IP: Adult-Oriented Transformative Works

From 50 Shades of Grey to Ellery Queen, transformative works such as fan

fiction and fan art have been a part of popular culture since the advent

of the novel itself. Each change in technology brings new ways works can

be transformed, and new challenges for rights holders, users, and the legal

system. Our panel of experts will discuss fan fiction, fan art, cosplay, fictional

characters in virtual worlds, and how adult content may affect a fair use

analysis, both in the U.S. and internationally.

Speakers: Corynne McSherry, Electronic Frontier Foundation; Todd Alberstone, Alberstone Consulting

Moderator: Hannah Poteat, Poteat Law

In the Footsteps of Saul Goodman: The Ethics and Morals of Representing

Controversial Clients

What ethical duties arise when representing clients that may be engaged

in illegal ventures? What happens to an attorney’s reputation when

representing unpopular clients or unsavory topics? And is there a difference

between the ethics and morals behind these representations? Our panel of

experts will discuss these topics and their experiences representing marijuana

dispensaries, the adult entertainment industry, criminal defendants, and so

much more.

Speakers: Jeffrey Douglas, The Law Office of Jeffrey J. Douglas; Michael Fattorosi, The Law Offices of Michael W. Fattorosi, P.C.; Edward Lear, Century Law Group, LLC; David Welch, D|R Welch Attorneys at Law

Buy a #$@&%!! FSC T-shirt!

Free Speech Coalition is selling T-shirts and proceeds are going to fund legal advocacy for adult businesses. E-XXX-PRESS your right to free speech and tell everyone how you feel about adult entertainment! Only $20 while quantities last!

The front of the shirt says, “If you don’t like porn you can #%@$ MY &@$#!” and the back says, “… OR DON’T WATCH IT.” Pretty damn cool, and fashionable in basic black, sizes S-M-L-XL.

So, represent for FSC by wearing your support on your sleeve. Funds go to provide legal resources. FSC needs the support of industry members and fans alike – help us defeat mandatory condom regulation, as well as other legal challenges that threaten our right to do business!! From condoms, to 2257, to piracy, FSC works hard everyday to protect and promote the well-being of adult industry professionals and businesses.

Please, help us protect the industry that you love and the adult entertainment that you enjoy. For more information on how to purchase a shirt, please contact info@freespeechcoalition.com or call (818) 348-9373.

Attendees of the Adult Entertainment Expo at the Hard Rock Hotel & Casino, in Las Vegas, Jan 21-24, VISIT THE FSC TABLE at the bottom of the stairs in The Joint. We will have T-shirts available for purchase at the show, so we hope to see you there!

Misguided ‘Adult Film Act’ Would Remove Performer Protections, Drive Industry Underground

Today, Michael Weinstein of AHF submitted the draft text of his controversial statewide ballot measure, which would force adult film performers to wear condoms, calling them a threat to public health.

The Act would result in an effective criminalization of the adult industry. Under AHF’s proposed Act, those involved in the manufacture of an adult film that did not comply would be personally liable for massive penalties for even minor infractions. The Act would require adult film producers to be issued licenses by the government in order to produce, and would require performers to submit their personal medical records for state inspection. Talent agents would be punished for representing adult performers.  And, perhaps most dramatically, and in an acknowledgement that Measure B succeeded in driving the industry out of state, the Act would effectively prohibit the sale and distribution of adult films produced without condoms inside California, even in private transactions. This is not regulation — this is Prohibition.

The Act would destroy the industry as we know it, drive the existing producers underground, and eliminate hard-fought performer protections. This process has already begun to happen in the wake of AHF”s misguided Measure B. Film permits dropped, productions moved out-of-state, and producers began shooting outside the industry’s widely praised testing system. That’s why, like AHF’s previous campaigns, we expect this will be vigorously opposed by performers.

Performers should always have the right to use a condom, but AHF’s conservative morality should not be forced on them under penalty of law. Performer should have control over their bodies, not the government and certainly not Michael Weinstein.

FSC Award Recipients Announced

Free Speech Coalition proudly announces the recipients of the 2015 FSC Awards, which recognizes industry professionals and businesses, for excellence in business and representing a pro-adult image through advocacy and actions.

A new award has been added this year to the roster of awards, in honor of late FSC Board member Christian Mann. Called the Christian Mann Courage and Leadership Award, it is given to a member of the adult entertainment or pleasure products community who has shown exemplary courage and leadership in standing up and fighting for the rights and image of the industry.

The award recipients are as follows:

Legacy Award – Phil Harvey

The Legacy Award is given to an individual who, though innovative ideas and successful business practices, has built a solid presence in the adult entertainment industry.  Furthermore, this individual has gone above and beyond to not only protect the rights and freedoms of individuals and businesses within the industry, but also to improve the stature of the industry as a whole.  This award is called the Legacy Award rather than a lifetime achievement award because while the individual has done much to build an outstanding legacy, FSC knows that this individual’s great contributions are far from over.

Performer of the Year Award – Chanel Preston

The positive image award goes to industry performers who have gone out of their way to dispel the myths and misconceptions of the adult entertainment industry through advocacy and public awareness programs, and community service.

Man of the Year and Woman of the Year – Christian Mann, Lorelei Lee

The Man and woman of the Year awards go to individuals who have displayed exceptional leadership qualities both within their own business, and throughout the industry. While the recipient of this award is clearly a successful business professional, the individual who is awarded FSC’s Man or Woman of the Year has made a significant positive contribution to the overall welfare of the adult entertainment industry.

Pleasure Products Company of the Year – Pipedreams

The Pleasure Products Company of the Year award goes to the pleasure products company that has demonstrated constant and unwavering innovation and excellence. The company’s success not only benefits their individual business but also the industry as a whole. In addition to their creative innovation, the company conducts business with high ethical standards and integrity.

Retailer of the Year – Castle Megastore

The Retailer of the Year award goes to the retailer that has demonstrated constant and unwavering innovation and excellence. The company’s success not only benefits their individual business but also the industry as a whole.   In addition to their creative innovation, the company conducts business with high ethical standards and integrity.

Production Company of the Year – Wicked Pictures

The Production Company of the Year award goes to the production company that has demonstrated constant and unwavering innovation and excellence. The company’s success not only benefits their individual business but also the industry as a whole.   In addition to their creative innovation, the company conducts business with high ethical standards and integrity.

Internet Company of the Year – Clips4sale

The Internet Company of the Year award goes to the Internet company that has demonstrated constant and unwavering innovation and excellence. The company’s success not only benefits their individual business but also the industry as a whole.   In addition to their creative innovation, the company conducts business with high ethical standards and integrity.

Christian Mann Courage and Leadership Award – Peter Acworth

The Christian Mann Courage and Leadership Award is given to a member of the adult entertainment or pleasure products community who has shown exemplary courage and leadership in standing up and fighting for the rights and image of the industry. This award is not automatically given annually—only when warranted by great works—that would honor our great friend, Christian Mann.

Leadership Award – Streamate

FSC’s Leadership Award is presented to the adult entertainment industry business or individual that demonstrates excellence in the adult entertainment industry in leading by example. This award can be given for community service, activism, creating a positive and outstanding work environment, innovations and other qualities that lift the business or individual above the rest.

A presentation ceremony for the FSC Awards is scheduled on January 14, at 6pm, at the Andaz Hotel in West Hollywood, CA, which also is the site of the FSC Summit and XBIZ 360 shows. If you would like more information on the FSC Awards, please contact info@freespeechcoalition.com.

FSC Summit Panels will Feature Industry Leaders

FSC is proud to announce industry leaders, including Adam and Eve founder Phil Harvey, Vivid Entertainment founder Steven Hirsch and XBIZ founder Alec Helmy, are to be panelists at the upcoming FSC Summit (hosted at the XBIZ 360 show) on January 14-15. Both shows will be held at the Andaz Hotel, on the Sunset Strip, in West Hollywood, CA.

“We’re thrilled to be able to offer industry members a roster of industry leaders to speak at the show,” said FSC CEO Diane Duke. “These are long-standing, successful members of the industry that you don’t hear from every day, and they have insight into where the industry is headed.”

“The other panels that are being hosted at the FSC Summit are important and engaging for anyone that is interested in the issues of the day, in the adult entertainment and pleasure products business. We hope to see many friends and colleagues at XBIZ 360 and FSC Summit,” Duke added.

The complete seminar roster is as follows:

Wednesday, January 14, 10am
Cutting Costs – how to improve your bottom line
Adult businesses are no different than any other business when it comes to the need to maximize revenue and curve expenses.  From legal services to inventory control, are you getting the best bang for your buck (pun intended)?  Don’t miss this panel, it will help you get creative and save money on everyday expenses thus improving your bottom line.

Moderator:  Larry Garland, CEO of Eldorado Trading Company
Panelists:
Nick Boyias, Allstate
Jeffrey Douglas, industry attorney
Joel Kaminsky, CEO of Good Vibrations
Joe Evans, IT consultant

Wednesday, January 14, 11am
Industry Leaders Panel
They, and their companies, are at the top of their field.  How did they get there? More importantly, in today’s ever-changing adult business environment, how do they stay there?  This panel provides a rare opportunity for industry professionals to get an inside look at the key factors to success for adult business and adult business professionals as told by the best of the best.

Moderator:  Diane Duke, CEO of Free Speech Coalition
Panelists:
Phil Harvey, founder Adam & Eve
Steve Hirsch, founder and Co-CEO Vivid Pictures
Alec Helmy, President and founder of XBIZ

Thursday, January 15, 10am
Sex and Politics
It seems these days you can’t have one without the other.  But, how is that impacting your business?  What do politicians think about our industry?  Don’t miss this panel!  You will hear from the people who have been on the front line of advocating for and lobbying public officials about the adult industry.  They will let you know exactly what happened in 2014 and what you need to pay attention to about in 2015.

Moderator:  Diane Duke, CEO of Free Speech Coalition
Panelists:
Ignacio Hernandez, CEO Hernandez Strategy Group (Sacramento lobbyist)
Karen Tynan, industry attorney
Kevin Bland, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (CalOSHA specialist)
Lorelei Lee, performer and activist

Thursday, January 15, 11am
We’ve Got Issues…Can we talk?!
How often do you get a chance to sit around a table of your peers and discuss adult industry issues that you care about?  Roll up your sleeves and be ready to participate because you are an intricate part of this panel.  We are surveying thousands of industry members to determine the top four issues of concern and will lead four different discussion groups on those topics.  Groups will meet in smaller rooms for a moderated discussion of the industry’s most pertinent topics.

Topics selected by survey and moderators:
Pleasure Product Counterfeiting – Peter Phinney, Porn Guardian
Content Piracy – Colin Roundtree, Wasteland.com
Condoms in Porn – Diane Duke
2257 – Jeffrey Douglas, attorney

An annual event, the FSC Summit also hosts the FSC Awards, which recognize industry professionals and businesses, for excellence in business and representing a pro-adult image through advocacy and actions.

Active FSC members are welcome to attend FSC events at the XBIZ 360 show. If you would like to attend seminars or the FSC Awards (but are not already attending XBIZ 360), please RSVP to joanne@freespeechcoalition.com.

FSC Announces Activities for ANME-Founders Show

Free Speech Coalition will have a full roster of activities to look forward to at this month’s Adult Novelty Manufacturers Expo (ANME-Founders Show), including an FSC Scavenger Hunt and a Kindle Paperwhite giveaway raffle.

“We did the scavenger hunt for the first time at the October International Lingerie Show and had a great response, so we want to extend the opportunity to attendees of the ANME Show,” said FSC Membership Director Joanne Cachapero. “Basically, if attendees visit each participating FSC member vendor listed on a scavenger hunt card and get it filled with stamps, they win a year’s free membership. It’s a great way for show attendees to get acquainted with FSC and to network with our members.”

“The Kindle business card raffle is exciting, too, “ Cachapero added. “We really appreciate the chance to interact with ANME attendees and all the companies that come to the show, so they can learn more about FSC and talk to us about their issues and concerns. ANME is a great place to make contact with everyone in pleasure products.”

Any show attendees wishing to participate in either the scavenger hunt or raffle should visit the FSC booth at the show.

Held twice yearly in Burbank, CA, the ANME Show is a leading pleasure products industry marketplace. FSC member businesses scheduled to exhibit at ANME include Adventure Industries, Baci Lingerie, California Exotic Novelties, Classic Erotica, Doc Johnson, Evolved Novelties, Fleshlight Distribution, Icon Brands, Nasstoys, NS Novelties, Paradise Marketing, Pipedream Products, Sportsheets International, The Screaming O, Topco Sales, Wet International, and Wicked Sensual Care, among others.

To learn more about ANME, click here. For more information about FSC, contact info@freespeechcoalition.com.