As webmasters settled into the second day of Internext, Eric M. Bernstein, a partner in the firm of Eric M. Bernstein & Associates L.L.C., wanted to make sure they didn't misconstrue the convention as just another networking and partying event. Bernstein, getting down to business, began his workshop on the brass tacks of running an adult Internet company from a legal perspective by saying, "This is a fucking business, folks, not the business of fucking."
Bernstein broke down the legal aspects of building an adult Internet business into manageable units: forming a corporation; drafting contracts and releases; acquiring/creating licensed content; copyright and trademark issues; website development; community standards awareness; and compliance with all mandates, laws, and regulations.
Bernstein focused on providing an overview of the pitfalls webmasters and affiliates run into by not forming a company properly or protecting content effectively. Some common issues he brought up were webmasters' assuming certain laws without actually knowing them. "It is not enough to say, so and so told me, so that's why I engage in this or that practice," Bernstein expressed.
By going to a lawyer, webmasters can create the proper framework for protecting intellectual property such as films, videos, or still photographs. A handshake agreement between a webmaster and an affiliate "doesn't cut it," noted Bernstein; only a written contract drafted by a professional will do, he explained.
Bernstein delivered his message with wit and wisdom, appealing to both new and established adult industry members.
In the afternoon, Oren Cohen, president of Tightfit Productions, a company that produces adult gonzo movies, began his lecture—"Content is King: How to Shoot Porn Like a Professional"— by saying, "Unless you have a vision, something distinct, you should be doing something else. 'Pretty good' is not good enough anymore."
Cohen's lecture was delivered with over-the-top enthusiasm—even without a microphone, he made sure audience members heard what he had to say. The adult-film maker was clear about the discipline that needs to be present in producing porn. Creativity must be met by the ability to get viewers off. Without the physical payoff, said Cohen, even the most creative porn is worthless.
He then discussed how important it is to define one's cinematic vision. "If you can't create something in your brain that is compelling…there is no accomplishment," explained Cohen. Again, this tension—the pull between making something that gets audiences off and an innovative product—permeated the filmmaker's message.
Creating adult content is very possible, so long as the producer stays true to his or her own sexual fetishes while keeping in mind the plethora of niches to which others subscribe, Cohen said. Without that discretion, he advised, a kind of "bullshit meter then appears." If one's final product—a porn movie—does not get its creator off, it probably won't get anyone else off, either, he cautioned.
The psychological aspects behind porn creation offered a refreshing air to the usual technical atmosphere of Internext workshops, and the contrasts between Bernstein's lecture on porn law and Cohen's discussion of content left the crowd feeling more confident about delving into the adult industry—an undertaking Cohen said should not be wrought with insecurity about content or fear of legal issues. "Remember," he said. "It's only porn."
