Gay adult content producers need to think about the risks of their chosen profession, according to a panel of well-known adult industry attorneys during Saturday morning's "Legal Lessons" seminar, which kicked off the second day of the first-ever GAYVN Summit.
The panel, which featured attorneys Greg Piccionelli, Jeffrey Douglas, Reed Lee, and Robert Apgood—as well as moderator and attorney Clyde DeWitt—addressed a number of legal topics crucial to both webmasters and video content producers, including a brief history of obscenity prosecutions, the 2257 guidelines, content piracy, and the copyright and trademark laws.
DeWitt opened the session by telling the audience about past obscenity prosecutions, adding that only a "small fraction" of material prosecuted has been gay themed. "My opinion is that [government officials] are afraid to look at gay material, because if they get hard, they'll have to shoot themselves," he joked before adding that material singled out for prosecution usually has a "strong misogynist component" or is "aggressive, demeaning, or potentially violent" in nature.
DeWitt also said, "The cost of covering an obscenity case is, in fact, obscene. It's as hard to win an obscenity case, particularly in this day, as it can be." Even still, he warned, "it's a dangerous world. The risks are very small, but if that roulette wheel comes and hits you, [it could be a very ugly scene]."
Following DeWitt's turn at the podium, Lee pontificated on the 2257 guidelines (which stem, he said, from "a desire to prosecute adult material that was difficult to prove [harmful] in the obscenity context"), while Piccionelli stressed the importance of registering copyrights and trademarks for all content produced by adult producers. Noting that the Coca-Cola trademark is worth about $5 million, he said, "Trademarks can grow to be very valuable."
Douglas offered his own take on these issues, while Apgood counseled attendees about infringement protection. Prefacing his statements with "the industry was built on infringement—particularly on the Internet," he said industry players should "align yourself with people who are knowledgeable."
Still, it was DeWitt's sobering advice regarding the potential for prosecution that left the biggest impression, offering both hope and worry to show attendees.
"It's basically a crapshoot," he said. "Recognize the risks: Whatever choices you make, make them thoughtfully."
