Adult Entertainment Law: Legal Issues in the XXX World

(1706 Ratings)

Produced on: November 17, 2015

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 93 minutes
Difficulty Beginner

While adult entertainment businesses share the same needs for legal services encountered by any other kind of business, the adult nature of such businesses presents many legal issues that are unique to the adult entertainment world. These issues span multiple doctrinal areas of law, including First Amendment issues, compliance with federal and state criminal obscenity laws and record keeping requirements, intellectual property issues such as copyright, trademark, and privacy law, and issues involving health law.  

 

Adult entertainment businesses must also be versed in the laws associated with the protection of children from adult content material, adult use restrictive zoning and licensing laws, and certain areas of employment and taxation law. In this course, attorney Ameer Benno provides an overview of these issues and much more.   

 

Learning Objectives:

I.     Recognize the interplay between the First Amendment and censorship

II.    Understand the landscape of obscenity law, federal record keeping requirements under 18 U.S.C. § 2257 and 2257A, and current federal enforcement priorities

III.   Become acquainted with copyright law and its safe harbor provisions under the DMCA

IV.   Explore trademark issues, such as Section 2(a) of the Lanham Act

V.    Identify relevant privacy rights, including the right of publicity and the rights of models and performers

VI.   Gain insight into the immunity provisions under Section 230 of the Communications Decency Act

VII.  Comprehend the laws governing time, place, and manner restrictions on zoning and licensing of adult-oriented businesses 

VIII. Grasp the current proposed state and federal legislation’s potential effect on the adult industry

Faculty

Ameer Benno

Ameer Benno, Attorney at Law

Mr. Benno began his legal career as an Assistant District Attorney at the esteemed Manhattan District Attorney’s Office, where, under then-District Attorney Robert Morgenthau, he served in both the trial division and the appeals bureau. In the trial division, Mr. Benno investigated and prosecuted violent and white-collar crimes and tried several jury trials to verdict, all as primary chair. In the appeals bureau, Mr. Benno handled all aspects of criminal appeals, and regularly submitted arguments to the New York State Court of Appeals, New York State’s highest tribunal.

After several years as an Assistant District Attorney, Mr. Benno left government service to work for a premier civil litigation law firm where he tried civil cases and managed a caseload that focused on civil rights matters in state and federal court.

In 2009, Mr. Benno opened his own law practice, which focused on civil rights cases in state and federal court, criminal defense, and appellate litigation.

In addition to an active trial practice, Mr. Benno has briefed and argued criminal and civil appeals in the First, Second, Third, and Fourth Departments of the New York State Supreme Court, Appellate Division, the New York State Court of Appeals, and the United States Court of Appeals for the Second Circuit.

In 2010, Mr. Benno argued People v. Mothersell in the New York State Court of Appeals, New York State’s highest tribunal. That case, which challenged the constitutionality of the City of Syracuse’s usage of “all persons present” search warrants, resulted in a unanimous reversal of the client’s criminal conviction and the dismissal of his indictment, and changed the landscape of criminal law practice in New York State. More recently, Mr. Benno was lead counsel in Bailey v. Pataki, a Section 1983 civil rights action against former New York State Governor George Pataki and several members of his administration for creating and implementing an unconstitutional civil commitment policy for a class of prisoners. Mr. Benno briefed and argued the interlocutory appeal in that case to the Second Circuit Court of Appeals. He won that appeal, and thereafter tried the case in the United States District Court for the Southern District of New York. After a three and a half week trial, the jury found a top member of Gov. Pataki’s administration liable for violating the plaintiffs’ constitutional rights.

From 2006 through 2012, Mr. Benno was an adjunct professor at New York Law School, where he taught Legal Reasoning and Writing and Written and Oral Advocacy.

Mr. Benno is admitted to the New York and Connecticut state bars, and is admitted to practice in the federal courts of the Southern, Eastern, Western, and Northern Districts of New York as well as the United States Court of Appeals for the Second Circuit and the United States Supreme Court.

He serves on the Civil Rights and Liberties Committee of the New York County Lawyers Association, and is a member of the Civil Rights Section of the American Association of Justice. Mr. Benno is also a member of the National Police Accountability Project, the New York City Policing Roundtable, the First Amendment Lawyers Association, the New York State Trial Lawyers Association, the New York State Academy of Trial Lawyers, and the Brooklyn Bar Association. 

Mr. Benno also is a member of the New York State Association of Criminal Defense Lawyers and the New York State Defenders Association. He is a member of the National Organization for the Reform of Marijuana Laws (NORML) Legal Committee.

In 2012 and again in 2013, Mr. Benno was selected to the Super Lawyers Rising Stars list as one of the top up‐and‐coming attorneys in the metro-New York area in the areas of First Amendment and civil rights law. Each year, no more than 2.5 percent of the lawyers in the state receive this honor.

In 2013 and 2014, Mr. Benno was also selected by the National Trial Lawyers for inclusion in the Top 100 trial attorneys in New York State in the area of criminal law. This is an invitation-only organization composed of the premier trial lawyers from each state in the nation who meet stringent qualifications. Selection is based on a thorough multi-phase process which includes peer nominations combined with third-party research.  In 2014, Mr. Benno was also selected for inclusion in the National Trial Lawyers Top 40 Under 40.

Mr. Benno is rated 10.0, the highest rating given, by the online lawyer rating service Avvo.com.

Mr. Benno received his B.A. degree with honors from Johns Hopkins University, and his J.D. from Cornell Law School. While at Cornell Law School, Mr. Benno received recognition for his superior litigation abilities and was a member of the prestigious Moot Court Board.

Reviews

DW
David W.

SUPERB

SJ
Stuart I. J.

Excellent information

CM
Carol M.

Excellent presentation.

RG
Rachel G.

Best "no pun intended' closing: covered subject in broad strokes!

NH
Nancy H.

Really great, organized session!

DB
Donald B.

Excellent

CB
Carrie B.

Clear smooth delivery of the information.

RF
Robert F.

Informative

GL
Guy L.

Not at all my area of practice but interesting and well presented.

FK
Frank K.

interesting subject

VH
Valerie H.

Good speaker.

MD
Mary D.

I am both an attorney and psychologist who works in sexual behaviors. This was informative from a law perspective on areas that i deal with on a daily basis. Its always good to add a different perspective on things.

LF
Lawrence F.

Excellent presentation.

VS
Vincent S.

Well presented

CC
Cate C.

Great instruction!

JH
John H.

great educated speaker

MO
Michael O.

Very interesting. Great class!

WB
William B.

This program dealt with a topic that is often ignored due to aspects that make it unsavory or inappropriate for public discourse. However, given the rapid and widespread growth of the pornography industry it is important for attorneys to have access to information about the state of the law in this area.

MK
MADELYNN K.

Outstanding written materials with all relevant case citations and codes.

JM
Jeffrey M.

Very interesting

MG
Michael G.

Interesting course on a unique subject. Good presenter I have heard previously in other Lawline courses.

GH
george h.

In my opinion this course was well-organized. Thank you.

CF
Chris F.

Very interesting to see all the applicable areas of practice that may be implicated here.

JK
John K.

Excellent speaker. All of his seminars are awesome!!!

MB
Michael B.

Good information on a topic I don't see in my practice, but still good to know.

PR
Paul R.

it was fine.

KC
Kristine C.

Excellent presentation

BR
Boyd R.

Interesting

JR
Julia R.

thorough presentation

RM
Ronald M.

I took this course mostly to learn more about the IP issues associated with content that can be considered adult oriented but was really surprised that the whole course was interesting! An excellent presentation!

DA
David A.

Very interesting

EC
Erica C.

Great overview of the major cases and federal laws regulating the adult film industry. Fascinating topic and highly relevant. Please do more like this!

CM
CATHERINE M.

Clear, concise and thorough

RG
Richard G.

Interesting program.

DM
David M.

Revealing

PS
Phillp S.

This fellow is one of the best CLE presenters out there. I take some of his courses simply because he covers law so well and so practically that he makes any law interesting -- and relevant.

DM
David C M.

Very well done; there are a lot of issues and he did a nice job of covering them

WW
WALTER W.

More complex than meets the eye.

AN
Alan N.

Very interesting and informative. Lots of material to digest. Definitely could have been expanded to 2 hours or longer.

MY
Mark Y.

Excellent coverage of pretty vast area of law with a lot if jurisdictional quirks. The speaker was very good.

MD
Matthew D.

Nice breakdown.

EI
Edward I.

The presenter covered a lot of ground in a very organized fashion Well done!

WH
William H.

Truly great presentation. Thank you!

JG
John G.

very informative & interesting

CM
Christopher M.

best program I have taken this year...well done

RL
Rochelle L.

Very informative. I'm glad it's not my area of practice. What a complex series of laws to have to defend against.

VB
Vid B.

Found to interesting and informative

JK
John K.

Very impressive - covered the whole gamut of law - from the Federal Constitution to state law to regulations to case law - and all sorts of topics - Criminal Law, tort law, copyright, trademarks - an entire legal education in an hour and half.

MC
Michael C.

Well orgainized and easy to understand

BC
Barbara C.

unique subject matter

WN
william n.

very good

EM
Edward M.

Very informative

SB
Susan M. B.

Interesting topic; engaging speaker. well-organized materisals

RM
Robert M.

Wide application, despite the racy title.

EF
Elliot F.

Wasn't sure what to expect going in, but I found the presentation to be very comprehensive in all aspects.

SS
Stephen S.

This was my first Lawline seminar, but it was excellent, both from a technical presentation (easy to pause, etc.) and from a content perspective. Really solid.

KK
Kathryn K.

Good seminar; great slides; very useful accompanying material. I appreciate the broad swath of material covered in this course, including the Internet introduction. .XXX should be a fascinating area online to watch. Tx for a superb course!

WB
William B.

Good overview an d helpful case citations

MK
Michael K.

Extremely good level headed discussion of a sensitive subject

RW
Robert W.

Wow! Hats off to Ameer Benno. So much information so clearly and concisely articulated. Superior written materials. Outstanding presentation in every way!

CS
Clifford S.

good program

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