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May 14, 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?    
 
 
Talent is a factor in entertainment
The general term for an artistic contributor to a project, talent usually refers to actors, directors, and writers. In the studio world, atttaching talent, or bringing necessary key artists to a project, is necessary in getting the film made. Agencies usually reserve the term 'talent' for actors and classify talent agents as those who represent thesipians.

 


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Latest news about Entertainment cases in DC and nationwide:

ADL Welcomes Mel Gibson's Apology To The Jewish Community
New York, NY, August 1, 2006 … The Anti-Defamation League (ADL) today accepted actor Mel Gibson's apology for anti-Semitic remarks he made during a...
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Man Admits to Distribution of Pirated Movies Worth Over $2.2 Million
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Coleman Will Call Industry Roundtable To Address Crisis Facing Entertainment Industry
At the Consumer Electronics Show, PSI Chairman says future of entertainment industry will be led by the private sector

Minnesota United St...

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Entertainment Lawyers.com Terms

 


Today's Terms

Kill Date

Definition:
The expiration date of advertising materials. Kill dates notify media outlets that an advertisement should not be broadcast or placed after that date.

Beta (also called Beta SP) Videotape

Definition:
The videotape format most widely used for television broadcast and high quality video production. Digibeta is a newer digital form of Beta tape that is increasingly being used.

Frequency

Definition:
The average number of times an audience is exposed to a specific advertising message over a period of time, typically four weeks.

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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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