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Adult Film/How to protect an idea?

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Expert: - 3/10/2009


Question
Hey Mr. Pepper,
    I'm a new adult video producer and have come up with a new and unique way to film adult videos. The resulting movie looks unlike anything else on the market right now. I'm wondering if there's a way to protect this idea from being copied by big well-known companies? I didn't invent any new technology or anything, so I don't think I can patent anything. Thanks!

Answer
Chris,

Probably not.  But keep in mind, certain methods may be patentable, so assuming your method meets the criteria for patent protection (and assuming you can spend the money needed to file for a patent), this would be the only legal way to protect your idea.

If not, you do what many businesses do.  Try to get as much of a lead time on other companies so that you become the recognized leader with your idea.  That takes good marketing and business planning.s

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Dan Pepper

Expertise

Lawyer representing adult industry businesses and entertainers, and can answer questions related to:

How to start an adult film business or adult website LEGALLY.

What laws to be concerned about with getting into the adult entertainment industry.

What terms and conditions do you need on your adult website.

How to comply with 18 USC 2257 - the federal record keeping requirements.

What forms and agreements do you need for models and crew.

How to deal with copyright and trademark laws.

Before asking your question, I recommend visiting adultwebsitelawyer.com and requesting a copy of the Top 6 Considerations of Starting an Adult Entertainment Business. You may find your question answered there.

I ALSO DO NOT ANSWER QUESTIONS FROM MALES INTERESTED IN STARRING IN ADULT FILMS.

Experience

I have been practicing law since 1994, and have represented numerous businesses and entertainers in the adult entertainment industry as the managing member of Pepper Law Group, LLC, at adultwebsitelawyer.com. My firm also operates 2257Sentry, one of the industry's leading 18 USC 2257 custodian record keeping services for producers of adult content.

Organizations
Free Speech Coalition, Frequent speaker at adult industry events including the Internext Expo and Exxxotica New York; interviewed in AVN Online; regular contributor to XBiz World

Publications
XBiz World AVN Online

Education/Credentials
BA in Political Science, JD (law degree)

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