Cosplay/Parody porn and copyright issues - GoFuckYourself.com

pushkidman · 01-28-2015, 07:34 PM

I am curious, how does parody/cosplay porn avoid copyright lawsuits?
I know, that "parody" falls under fair use policy, but the definition of parody is very vague and could be misinterpreted if needed.
I can understand, that big companies like Hustler, Vivid and Brazzers can quietly settle these issues, but what about smaller websites? For instance, cosplaybabes.xxx? I am not even talking about thousands of clips on clips4sale.

NaughtyRob · 01-28-2015, 07:36 PM

You mean like girls wearing a superman or spiderman costume etc?

seksi · 01-28-2015, 08:05 PM

I imagine you mean trademark, vs. copyright.

You would be infringing copyright on the screenplay if you use the script of a Superman or Batman verbatim, no changes.

pornlaw · 01-28-2015, 09:05 PM

Parody has been well defined legally. I represent X-Play/All Media Play (the "Not XXX" guys) and the only issue we ever had was on The Three Stooges parody. We told one of the rights holders (who happens to be a lawyer) to pound sand and they never filed. As seksi points out, if you aren't using the actual script (or portions of it) you will be fine.

Trademark is a completely different animal though. There is a limited fair-use argument with TMs but it won't get you far. See the Oreo & Ben & Jerry's porn cases.

pushkidman · 01-28-2015, 10:48 PM

OK, I've heard about the ice-cream case.
But what about actual characters? Lara Croft, Catwoman, Supergirl, Wonder Woman... These are trademarks as well, right? These characters have been used multiple times as well in XXX movies/scenes.

pushkidman · 01-30-2015, 09:05 AM

Bump & grind

Barry-xlovecam · 01-30-2015, 09:20 AM

Catwoman

FYI only and not legal advice ;0)

pornlaw · 01-30-2015, 01:30 PM

There is a limited fair-use argument to TM infringement. Characters are harder to protect then say the Superman logo.

Whatever you decide to do - clear all of it through an attorney familiar with this issue first. It can save you tens of thousands of dollars in lost profits & legal fees. Also see the "Fifty Shades of Grey" lawsuit vs Smash.There are few bright line answers in fair-use cases. It really is a factually driven issue.

pushkidman · 01-30-2015, 08:46 PM

Quote:

Originally Posted by pornlaw

There is a limited fair-use argument to TM infringement. Characters are harder to protect then say the Superman logo.

Whatever you decide to do - clear all of it through an attorney familiar with this issue first. It can save you tens of thousands of dollars in lost profits & legal fees. Also see the "Fifty Shades of Grey" lawsuit vs Smash.There are few bright line answers in fair-use cases. It really is a factually driven issue.

Thanks for your advice! Anyway, it's extremely confusing and I doubt that even qualified lawyer can provide 100% accurate consulting on the topic.
Making a parody movie is not an infringement, parodying a single character is...
I am amazed however, how so many companies get away with it. Cosplaybabes.xxx consists entirely of hardcore/softcore scenes with characters from films, TV, video games. They don't even change their names in scene description. I highly doubt, that they have purchased licenses for all these characters.

pornlaw · 01-31-2015, 10:22 AM

There's a fine line between parody & infringement but my suggestion is to have a lawyer well versed in IP law review the script, costume designs and if you have them - story boards before you shoot. Many times what protects companies is simply that large mainstream studios don't want the trouble & litigation expense of suing someone that is judgment proof.

That's not a great strategy but often it results in someone getting away with something they wouldn't if they had money to take.

You will also need a lawyer to draft the appropriate disclaimers for the box cover and/or website.

Good luck if you decide to give it a try.

DBS.US · 01-31-2015, 11:50 AM

Don't do anything Disney

Hentaikid · 01-31-2015, 02:48 PM

Years ago Lucas sued the makers of Star Ballz, a parody animated hentai movie.

He lost.

Companies try to make it look like they own everything lock stock and barrel even tangentially related to their properties, but copyright only applies to specific works - that drawing, that movie, that song. And trademark is just a specific name brand and associated logo for a specific field.

You have characters like batman or mickey mouse that are walking logos, but even then I can draw them and make parodies.

Increasingly western companies are going the way of Japanese ones, who for a long time have turned a blind eye to parody works because they help keep the characters in the public eye, help gauging their popularity and are a good source of new talent.

DBS.US · 01-31-2015, 02:53 PM

Remember you can get sued by anyone, at anytime, for anything. Don't increase the odds by messing with someones trademarks to make a few bucks.

NaughtyNerdy · 01-31-2015, 08:04 PM

Quote:

Originally Posted by Hentaikid

Years ago Lucas sued the makers of Star Ballz, a parody animated hentai movie.
He lost.

.

Yep, Lucas arts and Disney (former now owned by later) are really hardline about cosplay even (i've heard of them suiting non sexual, regular cosplayers they didn't like). You'll notice many of the cosplay porn sites don't cosplay any disney, and now, no starwars either aside from the odd slave leia).

SilentKnight · 01-31-2015, 08:46 PM

I still remember a Hustler parody ad for Toyota.

It read: Toyota - from those nice people who brought you Pearl Harbour.

I laughed.

tommy730 · 01-31-2015, 09:03 PM

If this is the case with a parody, how the hell do these Celebrity Sex Tape sites stay in business without being sued? It's legal to sell leaked celebrity pics and vids? What's the loophole?

xXXtesy10 · 01-31-2015, 09:11 PM

Quote:

Originally Posted by tommy730

If this is the case with a parody, how the hell do these Celebrity Sex Tape sites stay in business without being sued? It's legal to sell leaked celebrity pics and vids? What's the loophole?

because John Deiz live in shithole and nobody want to sue shithead in shithole.

iamBoogieman · 01-31-2015, 09:32 PM

Cost play is for anime.

pushkidman · 02-01-2015, 02:50 AM

Quote:

Originally Posted by pornlaw

There's a fine line between parody & infringement but my suggestion is to have a lawyer well versed in IP law review the script, costume designs and if you have them - story boards before you shoot. Many times what protects companies is simply that large mainstream studios don't want the trouble & litigation expense of suing someone that is judgment proof.

That's not a great strategy but often it results in someone getting away with something they wouldn't if they had money to take.

You will also need a lawyer to draft the appropriate disclaimers for the box cover and/or website.

Good luck if you decide to give it a try.

Thanks for all the advice! This was helpful.

pushkidman · 02-01-2015, 02:53 AM

Quote:

Originally Posted by DBS.US

Don't do anything Disney

It's amazing, since cosplay babes is also doing Jasmin and Snow White))) Either really buying licences or just being really brave about it.

Hentaikid · 02-01-2015, 04:14 AM

It's a gamble, if you do get sued likely you get a big blast of publicity, Streisand effect.

NatalieK · 02-01-2015, 04:22 AM

I have a couple of parody scenes in my website adult-excitement.co.uk

How could a lawsuit be possible, when no parody is the same as the original

Freax · 02-01-2015, 08:19 AM

If you want to be sure, just change a little bit from costumes. Different hair colors, modify the logos! And be offshore ;-)

Barry-xlovecam · 02-01-2015, 08:34 AM

Quote:

Originally Posted by pushkidman

It's amazing, since cosplay babes is also doing Jasmin and Snow White))) Either really buying licences or just being really brave about it.

It is spelled Jasmine with an 'e' -- hmmmm, sound familiar -- no comment ...

Jasmine | Disney Princess

TisMe · 02-01-2015, 09:25 AM

Cost should be a major consideration here. Even a successful defense will likely cost 6 figures. And that's if you win.

01-28-2015, 07:34 PM	#1
pushkidman Confirmed User Industry Role: Join Date: Mar 2011 Posts: 41	Cosplay/Parody porn and copyright issues I am curious, how does parody/cosplay porn avoid copyright lawsuits? I know, that "parody" falls under fair use policy, but the definition of parody is very vague and could be misinterpreted if needed. I can understand, that big companies like Hustler, Vivid and Brazzers can quietly settle these issues, but what about smaller websites? For instance, cosplaybabes.xxx? I am not even talking about thousands of clips on clips4sale.

01-28-2015, 07:36 PM	#2
NaughtyRob Two fresh affiliate progs Industry Role: Join Date: Nov 2004 Location: Inside teen pussy Posts: 29,602	You mean like girls wearing a superman or spiderman costume etc? __________________ [email protected] Skype: 17026955414 Vacares Web Hosting - Protect Your Ass with Included Daily Backups

01-28-2015, 09:05 PM	#4
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,864	Parody has been well defined legally. I represent X-Play/All Media Play (the "Not XXX" guys) and the only issue we ever had was on The Three Stooges parody. We told one of the rights holders (who happens to be a lawyer) to pound sand and they never filed. As seksi points out, if you aren't using the actual script (or portions of it) you will be fine. Trademark is a completely different animal though. There is a limited fair-use argument with TMs but it won't get you far. See the Oreo & Ben & Jerry's porn cases. __________________ Michael www.AdultBizLaw.com

01-30-2015, 01:30 PM	#8
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,864	There is a limited fair-use argument to TM infringement. Characters are harder to protect then say the Superman logo. Whatever you decide to do - clear all of it through an attorney familiar with this issue first. It can save you tens of thousands of dollars in lost profits & legal fees. Also see the "Fifty Shades of Grey" lawsuit vs Smash.There are few bright line answers in fair-use cases. It really is a factually driven issue. __________________ Michael www.AdultBizLaw.com

01-31-2015, 10:22 AM	#10
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,864	There's a fine line between parody & infringement but my suggestion is to have a lawyer well versed in IP law review the script, costume designs and if you have them - story boards before you shoot. Many times what protects companies is simply that large mainstream studios don't want the trouble & litigation expense of suing someone that is judgment proof. That's not a great strategy but often it results in someone getting away with something they wouldn't if they had money to take. You will also need a lawyer to draft the appropriate disclaimers for the box cover and/or website. Good luck if you decide to give it a try. __________________ Michael www.AdultBizLaw.com

01-28-2015, 08:05 PM	#3
seksi Phonetically Sexy Industry Role: Join Date: Dec 2002 Location: USA Posts: 312	I imagine you mean trademark, vs. copyright. You would be infringing copyright on the screenplay if you use the script of a Superman or Batman verbatim, no changes.

01-28-2015, 10:48 PM	#5
pushkidman Confirmed User Industry Role: Join Date: Mar 2011 Posts: 41	OK, I've heard about the ice-cream case. But what about actual characters? Lara Croft, Catwoman, Supergirl, Wonder Woman... These are trademarks as well, right? These characters have been used multiple times as well in XXX movies/scenes.

01-30-2015, 09:05 AM	#6
pushkidman Confirmed User Industry Role: Join Date: Mar 2011 Posts: 41	Bump & grind

01-30-2015, 09:20 AM	#7
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	Catwoman FYI only and not legal advice ;0)

01-31-2015, 11:50 AM	#11
DBS.US Geo Cities Industry Role: Join Date: Aug 2003 Location: North Captiva Island, Florida USA Posts: 11,830	Don't do anything Disney __________________ Make a Free Chaturbate White Label site in 34 minutes and be making money tonight

01-31-2015, 02:48 PM	#12
Hentaikid Confirmed User Join Date: Nov 2002 Posts: 1,249	Years ago Lucas sued the makers of Star Ballz, a parody animated hentai movie. He lost. Companies try to make it look like they own everything lock stock and barrel even tangentially related to their properties, but copyright only applies to specific works - that drawing, that movie, that song. And trademark is just a specific name brand and associated logo for a specific field. You have characters like batman or mickey mouse that are walking logos, but even then I can draw them and make parodies. Increasingly western companies are going the way of Japanese ones, who for a long time have turned a blind eye to parody works because they help keep the characters in the public eye, help gauging their popularity and are a good source of new talent.

01-31-2015, 02:53 PM	#13
DBS.US Geo Cities Industry Role: Join Date: Aug 2003 Location: North Captiva Island, Florida USA Posts: 11,830	Remember you can get sued by anyone, at anytime, for anything. Don't increase the odds by messing with someones trademarks to make a few bucks. __________________ Make a Free Chaturbate White Label site in 34 minutes and be making money tonight

01-31-2015, 08:46 PM	#15
SilentKnight Megan Fox's fluffer Industry Role: Join Date: Oct 2005 Location: shooting pool in Elysium Posts: 24,818	I still remember a Hustler parody ad for Toyota. It read: Toyota - from those nice people who brought you Pearl Harbour. I laughed.

01-31-2015, 09:03 PM	#16
tommy730 Confirmed User Industry Role: Join Date: Aug 2011 Posts: 651	If this is the case with a parody, how the hell do these Celebrity Sex Tape sites stay in business without being sued? It's legal to sell leaked celebrity pics and vids? What's the loophole?

01-31-2015, 09:32 PM	#18
iamBoogieman So Fucking Banned Industry Role: Join Date: Dec 2014 Location: Somewhere out there. :) Posts: 1,329	Cost play is for anime.

02-01-2015, 04:14 AM	#21
Hentaikid Confirmed User Join Date: Nov 2002 Posts: 1,249	It's a gamble, if you do get sued likely you get a big blast of publicity, Streisand effect.

02-01-2015, 04:22 AM	#22
NatalieK Natalie K Industry Role: Join Date: Apr 2010 Location: Spain Posts: 19,301	I have a couple of parody scenes in my website adult-excitement.co.uk How could a lawsuit be possible, when no parody is the same as the original __________________ My official site Semi exclusive custom clips My affiliate program First time girls Skype: gspotproductions - "Converting traffic into income since 2005"

02-01-2015, 08:19 AM	#23
Freax Confirmed User Industry Role: Join Date: Feb 2011 Location: Somewhere out there Posts: 191	If you want to be sure, just change a little bit from costumes. Different hair colors, modify the logos! And be offshore ;-) __________________ We sell and buy Content, Domains, WebHosting VPS Servers Worldwide, WP Adult Design + Optimation, Bitcoin Payment Processing. SOCIALMEDIA MARKETING - FB FanPages, FB Groups & Advertising. EMAIL: freax(at)tutanota(dot)com

02-01-2015, 09:25 AM	#25
TisMe Confirmed User Join Date: Aug 2008 Posts: 1,719	Cost should be a major consideration here. Even a successful defense will likely cost 6 figures. And that's if you win.