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February 06, 2012
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Entertainment Legal News

 

Adult Entertainment Marketer Settles FTC Charges

An Internet marketer of adult entertainment will pay a $465,000 civil penalty under a settlement reached with the Federal Trade Commission and the Department of Justice, which charged the company with initiating sexually explicit commercial e-mails. The action is part of an FTC crackdown on illegal “X-rated” spam announced in July 2005, when seven companies were charged with violating federal laws requiring warning labels on sexually explicit e-mail. Settlements with five of the operations have resulted in civil penalties totaling $1.624 million. The FTC’s Adult Labeling Rule and the CAN-SPAM Act require commercial e-mailers of sexually explicit material to use the phrase “SEXUALLY EXPLICIT:” in the subject line, and to ensure that the initially viewable area of the message does not contain graphic sexual images. The Rule and the Act also require that unsolicited commercial e-mail contain an opportunity for consumers to opt out of receiving future e-mail and provide a postal address.

Under the proposed settlement, TJ Web Productions, LLC, is permanently prohibited from violating the FTC’s Adult Labeling Rule. The company also is permanently prohibited from violating the CAN-SPAM Act by initiating commercial e-mail without clearly and conspicuously displaying a physical postal address and a functioning return e-mail address or other Internet-based mechanism, so that recipients may decline to receive any more such e-mail. Although TJ Web Productions did not send the e-mail directly to consumers, the Nevada-based company operated an “affiliate marketing” program and induced others, by monetary payments and other considerations, to transmit commercial e-mail messages on its behalf. Read more at ftc.gov.

 

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Did You Know?    
 
 
Rights are clearly defined
Rights' are the expressed, granted permission by the owner of a particular work to an intended buyer, for the utilization of their property in the profitable redistribution of that material. The permission, if granted, may entail the right to employ the work in the designated medium in which it was intended for redistribution. Additionally, the Copyright Act protects the owner of a property from unauthorized use of their material.

 


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Latest news about Entertainment cases in Nevada and nationwide:

United States Files WTO Cases Against China
U.S. Trade Representative Susan C. Schwab announced today that the United States will make two requests tomorrow for World Trade Organization (WTO)...
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UCLA Entertainment Law Symposium
Rather than give you a dry recitation of the various legislative proposals in Congress affecting copyright law, I’m going to a dry dissection of a ...
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Wilmington Lodge Sentenced In Federal Court for Conspiring To Conduct an Illegal Gambling Business
Chief U. S. District Judge Terrence W. Boyle imposed a fine of $100,000.00. In accordance with the terms of its plea agreement with the United Stat...
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Entertainment Lawyers.com Terms

 


Today's Terms

Use Fees

Definition:
In paid broadcast advertising, the fees paid to performers used in television commercials or radio spots. The fee is based on the number of airplays and the number and size of media markets in which the advertisement will air. Use fees are paid in addition to holding fees.

Talent

Definition:
Primarily refers to actors used in advertising. Can also refer to voice performers, musicians, etc.

Financier

Definition:
The financier is a non-developing financial provider for a film. Simply, financiers are usually money sources looking to invest in complete, packaged scripts. Although they have the ability to bring a significant amount of a movie's budget, financiers are often money people looking at the bottom line - does the project have marketable elements already in place? Unlike most developing studios, these money sources move from script to screen quickly, however, most of the initial footwork must already have been done.

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Entertainment Law Hot Topics

 
Topics Related to Entertainment Law:

  • Trademark Violations
  • Copywriting Infringement
  • Film Finance Negotiations
  • Intellectual Property Theft
  • Plagiarism

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Nevada Entertainment Attorney

 
If you live in the following cities and need an Entertainment attorney you should contact our Entertainment Attorney as soon as possible:

  • Boulder City
  • Carson City
  • Elko
  • Fallon
  • Gardnerville
  • Henderson
  • Las Vegas
  • North Las Vegas
  • Pahrump
  • Reno
  • Sparks
  • Sun Valley
  • Winnemucca
 


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