Labels Take on Porn Biz in Copyright Lawsuit

Since online video exploded with the arrival of YouTube in 2005, the music industry Rosetta Stone Spanish has fought to make sure artists and labels are compensated for tracks used in web clips. Major labels have withheld and in some cases muted their music videos on YouTube in an attempt to negotiate higher royalty rates, and cracked down on unauthorized lip dubs on Vimeo. Now, the music industry has filed a lawsuit against a new foe: porn purveyors RK Netmedia, or Reality Kings, the self-proclaimed Worlds Best Reality Porn Website.According to The Hollywood Reporters THR, Esq. blog, Warner Music and several other labels have filed copyright infringement lawsuits against RK Netmedia for using songs by Michael Jackson, Katy Perry and Justin Timberlake without permission to soundtrack their online porn videos.The lawsuit alleges that Reality Kings hires adult actors to perform sexual acts at nightclubs and Rosetta Stone Software private parties where the music industrys property is heard without permission. In some videos, the actors allegedly lip-synch with the song or conduct sexual acts that link thematically with the track (for example, Katy Perrys I Kissed A Girl). The music industry is reportedly seeking the maximum penalty of $150,000 per violation.Reality Kings counter that their explicit and unauthorized use of the songs falls under the tenuous umbrella of fair use. If youre going to film in a live night club, youre going to absorb some of the ambient sounds. You are going to hear what the DJ is playing, and if someone can tell me how to shoot at a nightclub and police out the music in the background, Im all ears, Reality Kings attorney Marc Randazza tells THR. Lawyers for the music industry respond that Reality Kings use of copyrighted songs is Rosetta Stone Italian V3 deliberate and calculated.

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