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July 20, 2010
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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 New Hampshire and nationwide:

Eeoc Chair Naomi Earp Urges Entertainment Industry To Proactively Address Race And Color Bias
Naomi C. Earp, Chair of the U.S. Equal Employment Opportunity Commission (EEOC), the nation’s leading civil rights enforcement agency, today public...
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Gov. Blagojevich Appoints Film Production Veteran
Gov. Rod R. Blagojevich today named a new Managing Director for the Illinois Film Office to continue to advance the state’s aggressive efforts in s...
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Playgirl.com Operators to Pay $30 Million to Settle FTC Charges
Agency Alleged Adult Web Sites Illegally Billed Consumers for Web Access Advertised as Free

The owners and operators ...
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Entertainment Lawyers.com Terms

 


Today's Terms

Bleed

Definition:
Printing to the edge of the page, leaving no margin.

Rate Card

Definition:
A card issued by an advertising medium listing its rates, requirements, and information needed from the advertiser.

Manager

Definition:
Known for paying special attention to both a client's personal and financial needs, the manager assists in administrating an artists' personal business. Agents and managers share many of the same functions, but tend to fill very unique rolls. Managers usually work with smaller client lists, as they're known for providing more focused attention on the growth and development of a clients' career.

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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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New Hampshire Entertainment Attorney

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

  • Bedford
  • Concord
  • Derry
  • Dover
  • Durham
  • Exeter
  • Hampton
  • Hudson
  • Keene
  • Laconia
  • Londonderry
  • Manchester
  • Merrimack
  • Nashua
  • Portsmouth
  • Rochester
  • Salem
 


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