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Vivid Entertainment, LLC v. Data Conversions, Inc.

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Adult film production company Vivid Entertainment sued online company PornoTube and its creators, charging that the YouTube-like knock off profits when users illegally post Vivid's copyrighted films.

Vivid charges in its lawsuit that it "is one of the leading producers of lawful adult-oriented, sexually explicit content in the world," with "a library that consists of thousands" of pornographic videos, films, and tapes.

Vivid claims that "much of the content displayed and distributed on PornoTube.com consists of Vivid's copyrighted Works and coyprighted works belonging to others," and that the "defendant's business plan depends on" using and infringing upon the copyrighted works of others "to draw internet traffic" to its website.

That lawsuit maintains that "[e]ach of the copyrighted works owned by Plaintiff is of obvious high production value and is easily discernable as a professional work." The defendant's alleged infringement is even said to include some "display title pages, markers and other indictations" that the adult films on PornoTube.com "are actually created and copyrighted by Plaintiff."

Sigfnicantly, other allegations raised by Vivid could prompt the Justice Department to investigate charges that PornoTube.com does not follow the labeling requirements of the Child Protection and Obscenity Enforcement Act (18 U.S.C. § 2257). This federal law requires pornography industry producers to verify that all people in their adult-oriented materials are over 18 years-old.

Finally, Vivid's lawsuit lists 2-pages of adult films for which the defendants have allegedly infringed its copyrights.