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Old 06-07-2004, 06:58 PM  
AnalProbe
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Porn sellers battle piracy

James Riley
JUNE 08, 2004

PIRACY of X-rated DVDs and videos has increased sharply, costing legitimate publishers tens of millions of dollars and allegedly sidestepping Australian censorship regulations.

The problem has forced overseas adult film producers and their Australian distributors, including two listed companies, to form an industry group to fight back against sales of pirated films.

The Adult Industry Copyright Organisation plans to pursue wholesalers and retailers of pirated adult films through the civil courts to stem the tide of illegitimate material said to make up 85 per cent of all X-rated movie sales.

A Brisbane man was jailed this week for nine months on charges of selling counterfeit DVDs. Sydney Grant Priscott, 53, was convicted on 28 charges relating to importing and selling pirated DVDs.

The case, which began with the discovery of 800 pirated DVDs concealed in a shipment of audio equipment last year, is the first resulting in imprisonment for a copyright offence in Australia.

Copyright has become a burning trade issue, with the draft US-Australia free trade agreement proposing a toughening of Australian intellectual property laws.

AICO executive officer Graeme Dunne said the increase in copyright breaches in the adult content sector followed lax enforcement of X-rated sales rules in Australia.

Because the states were not enforcing their ban on the sale of X-rated DVDs and videos, the industry was not regulated, Mr Dunne said.

"If the states amended their laws to allow the sale of classified X-rated films, the piracy scenario, and therefore the job of AICO, would be a lot easier.

The Eros Association, an adult industry lobby group, said piracy was costing the sector $50 million to $80 million annually.

Eros spokeswoman Fiona Patten said adult industry interests had fallen into the gap between state and federal jurisdictions.

Copyright was a federal issue enforced by the Australian Federal Police, but X-rated film sales fell under a federal classification scheme enforced by state police.

Ms Patten said legitimate distributors were having fewer and fewer films classified for sale.

In 1996-97, nearly 1600 adult films were X-rated by the OFLC, but in 2002-3 just 336 films were classified.

The result, Ms Patten said, was a flood of unclassified and pirated DVDs making their way to retail shelves.
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