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Chubbysumo

join:2009-12-01
Superior, WI
Reviews:
·Charter

Porn cannot be copyrighted?

I was under the assumption that because porn has no artistic value, it cannot be copyrighted(established case law). Does that not invalidate all of their copyrights, thus, does that not make it so this lawfirm is just sending out false and misleading statements in their letters? Be assured, as much as we love prenda law, this article incorrectly tries to tie Prenda Law to these idiots. Be assured that prenda and these idiots are not affiliated.

Edit: this firm is run by Paul Duffy, who is a former prenda lawyer, and has distanced himself from them, tho he seems to be running the same shenanigans, just on a different scale and such.

vpoko
Premium
join:2003-07-03
Boston, MA

Re: Porn cannot be copyrighted?

said by Chubbysumo:

I was under the assumption that because porn has no artistic value, it cannot be copyrighted(established case law). Does that not invalidate all of their copyrights, thus, does that not make it so this lawfirm is just sending out false and misleading statements in their letters?

No, porn is most definitely copyrightable. First, it's considered to have artistic merit, or otherwise it would be considered obscene and not protected by the 1st amendment under the Miller test.

Second, something doesn't have to have artistic value to be copyrightable, i.e., a dictionary. It just has to be an original work.
Kearnstd
Space Elf
Premium
join:2002-01-22
Mullica Hill, NJ
kudos:1

Re: Porn cannot be copyrighted?

Does not even have to be original, Classical music for example is public domain in itself however a specific performance still has to be credited or licensed from the performing orchestra.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

vpoko
Premium
join:2003-07-03
Boston, MA

Re: Porn cannot be copyrighted?

You're right, though in that case, the originality is your performance of it.