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Full-Text Articles in Entertainment, Arts, and Sports Law
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Pornography, Coercion, And Copyright Law 2.0, Ann Bartow
Law Faculty Scholarship
The lack of regulation of the production of pornography in the United States leaves pornography performers exposed to substantial risks. Producers of pornography typically respond to attempts to regulate pornography as infringements upon free speech. At the same time, large corporations involved in the production and sale of pornography rely on copyright law's complex regulatory framework to protect their pornographic content from copying and unauthorized distribution. Web 2.0 also facilitates the production and distribution of pornography by individuals. These user-generators produce their own pornography, often looking to monetize their productions themselves via advertising revenues and subscription models. Much like their …
Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow
Copyright Law And Pornography: Reconsidering Incentives To Create And Distribute Pornography, Ann Bartow
Law Faculty Scholarship
As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the propriety of according pornography the full benefits of copyright law without taking into account the harms that pornography production can inflict on subordinated or coerced "performers."
Why Hollywood Does Not Require “Saving” From The Recordkeeping Requirements Imposed By 18 U.S.C. Section 2257, Ann Bartow
Law Faculty Scholarship
Attorney Alan R. Levy recently published an article in The Yale Law Journal Pocket Part entitled "How 'Swingers' Might Save Hollywood from a Federal Pornography Statute." So eager was Levy to "save Hollywood" from having to keep records to verify that performers engaging in actual sexually explicit conduct are legally adults, that he grossly distorted the meaning and effect of 18 U.S.C. Section 2257. Ironically, while exaggerating the negative impact of Section 2257, he simultaneously underestimated the problematic nature of a different statutory provision potentially requiring record keeping for performers who engage in simulated sexual conduct. This essay discusses truths …