Major Labels Suing Adult Sites Over Unauthorized Music Use

US 'Fair Use' Argument Could Be Hard To Swallow 13/07/10

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The Wall Street Journal reports that eleven record labels, including Warner Bros. Records and Atlantic Records, are suing the porn industry for a cut of the profits on adult films that contain popular songs.

The labels are suing over the unauthorized inclusion of songs like Justin Timberlake's SexyBack and Katy Perry's I kissed A Girl in the background of adult films.

Adult industry representatives say that the films in question are part of a reality-style documentary series set in dance clubs, where dance music is naturally playing in the background.

Industry attorney Lawrence Walters contends that the music was being used fairly as part of a “commentary on popular night club culture”.

For their part, the record companies cite hundreds of examples of unauthorized uses of songs, arguing that the there is "little, if any, dialog" in the films and that the soundtracks are largely made up of popular songs.

The record labels are seeking $150,000 for each infringement, or for unspecified damages and the defendants’ profits.

What do you think of the music industry suing the porn industry? Is it better than the labels suing grandmas - or just lawyers wanting More, More, More?

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James Lewin
Twitter @podcasting_news