RK Media (Nasty$) Sued by Eight Recording Studios - GoFuckYourself.com

TheDoc · 07-09-2010, 03:49 PM

http://www.courthousenews.com/2010/07/09/28701.htm

Claiming 500 violations at $150k per violation before punitive damages.

colin farrell · 07-09-2010, 03:52 PM

LOS ANGELES (CN) - Major recording studios sued pay-to-see Internet website operators, claiming they violate copyright by synchronizing pornographic videos to songs by major artists. The studios claim that Miami-based RK Netmedia and Realitykings.com "are engaged in copyright infringement of the most blatant and offensive kind." They want the websites shut down, and punitive damages.
Warner Bros. and others claim the unlicensed use of their recordings in pornographic videos "tarnishes" the songs and "diminishes their value."
"In no uncertain terms, defendants are engaged in copyright infringement of the most blatant and offensive kind," the complaint states. "Defendants know that major record labels, recording artists, and music publishers do not license their works for use in such pornographic content, especially the type of extreme, sexually explicit videos that defendants produce and distribute. So, defendants simply stole these sound recordings and musical compositions, synchronizing plaintiffs' works more that 500 times into the soundtrack of their pornographic video without license or consent from plaintiffs, apparently hoping that their conduct would go unnoticed."
The defendants own and operate "no fewer than 28" for-profit websites that sell and distribute pornography, according to the complaint.
The complaint includes an 18-page list of violated copyrights, and claims that "defendants not only incorporated plaintiffs' works into their videos, but then used them to draw an audience to their Web site and to advertise and promote the videos, including by naming the videos after popular songs."
Besides lead plaintiff Warner Bros. plaintiffs include Elektra, Atlantic, and eight other studios.
In addition to disgorgement, punitive damages and an injunction, the studios demand maximum statutory damages of $150,000 per copyright violation.
The studios are represented by David Steinberg with Mitchell Silberberg.

colin farrell · 07-09-2010, 03:53 PM

can we get a smart assed snide off the cuff comment from pipecrew please?

Robbie · 07-09-2010, 03:53 PM

Yep...NEVER use other people's music for your stuff. I can't believe that they are dumb enough to do that.

TheSenator · 07-09-2010, 03:54 PM

SHIT....I bet they are focusing on INTHEVIP.com with club music in the background.

FUCK Warner Bros.

Lightning · 07-09-2010, 03:54 PM

Nevermind

TheSenator · 07-09-2010, 03:54 PM

Quote:

Originally Posted by Robbie

Yep...NEVER use other people's music for your stuff. I can't believe that they are dumb enough to do that.

Most of the music from INTHEVIP comes from the club which is kinda public domain.

JD · 07-09-2010, 03:56 PM

i was wondering when that would happen. they use mainstream music in their videos all the time

colin farrell · 07-09-2010, 03:57 PM

Quote:

Originally Posted by TheSenator

Most of the music from INTHEVIP comes from the club which is kinda public domain.

not true.

people should do their research before posting in this thread.

Robbie · 07-09-2010, 03:59 PM

Quote:

Originally Posted by TheSenator

Most of the music from INTHEVIP comes from the club which is kinda public domain.

Not true...they can be REAL dicks about that.

Night clubs have to pay a fee every year for the music that DJ's, cover bands, and jukebox's play.

They didn't use to be real bad about enforcing it...but in recent years with piracy killing the music industry, they are looking to pick up any and all money left on the table

Barefootsies · 07-09-2010, 03:59 PM

Quote:

Originally Posted by Robbie

Yep...NEVER use other people's music for your stuff. I can't believe that they are dumb enough to do that.

You spoke too soon fine sire.

I am sure that gideongallery will clear up your confusion for you momentarily.

I believe a time machine, VCR and cloud will be involved.

kane · 07-09-2010, 04:00 PM

I have often wondered why this doesn't happen more often. You see porn with copyrighted music in it all the time and these are big, well known artists so you know the studios didn't pay the licensing fees.

kristin · 07-09-2010, 04:01 PM

Quote:

Originally Posted by Barefootsies

You spoke too soon fine sire.

I am sure that gideongallery will clear up your confusion for you momentarily.

I believe a time machine, VCR and cloud will be involved.

LOL ... You beat me to it.

Rebel D · 07-09-2010, 04:05 PM

Yeah i talked to a lady once about her having music in her retail store. she was sent a bill for broadcasting it.

those music guys are cut throat

beemk · 07-09-2010, 04:06 PM

Quote:

Originally Posted by TheSenator

Most of the music from INTHEVIP comes from the club which is kinda public domain.

wrong, even bars get sued for using songs without having a license to use them.

area51 - BANNED FOR LIFE · 07-09-2010, 04:09 PM

Fair use since the music sucks.

Pipecrew · 07-09-2010, 04:09 PM

Quote:

Originally Posted by colin farrell

can we get a smart assed snide off the cuff comment from pipecrew please?

yes ofcourse. you look nothing like colin farrell

and judging by all your negative posts. You could use a

V_RocKs · 07-09-2010, 04:09 PM

Ouch!....

Allison · 07-09-2010, 04:40 PM

http://www.xbiz.com/news/122621

?As a copyright holder, RK greatly respects the need to enforce one?s intellectual property rights,? RK Netmedia attorney Lawrence Walters told XBIZ.

?That being said, there are some important fair use and 1st Amendment issues inherent in this action. It is RK?s hope that we can achieve a resolution to this matter that protects both the plaintiff?s copyright interests and RK?s right to free expression and commentary on popular culture.?

FabianC · 07-09-2010, 04:56 PM

yikes ... 75m buckaroos

Overload · 07-09-2010, 04:58 PM

they are dumb enuff to use MOV format galleries, so what ya expect? brains?

PornMD · 07-09-2010, 05:00 PM

Only a dumbass didn't see this coming eventually. If they are calling businesses specifically to try and hear music playing in the background that they can then sue the business for publicly playing, then yea, they'll have no qualms suing some porn company for playing unlicensed music in their vids.

st0ned · 07-09-2010, 05:13 PM

Interesting. I wonder how this one will pan out?

Far-L · 07-09-2010, 05:15 PM

Quote:

Originally Posted by TheSenator

Most of the music from INTHEVIP comes from the club which is kinda public domain.

That is why you should talk to an IP attorney because that is absolutely false to presume and exactly the kind of assumption that gets people into trouble like this.

Sorry but this gets those guys a great big "I TOLD YOU SO!!!"

kristin · 07-09-2010, 06:07 PM

Giddeon must be in court today to not hear from him yet.

Helix · 07-09-2010, 06:09 PM

Quote:

Originally Posted by Robbie

Yep...NEVER use other people's music for your stuff. I can't believe that they are dumb enough to do that.

ditto!..

Allison · 07-09-2010, 06:16 PM

Quote:

Originally Posted by kristin

Giddeon must be in court today to not hear from him yet.

Lol
Well done Kristin.

fris · 07-09-2010, 06:21 PM

a lot of companies add music to their videos without permission, not many companies have been caught

TeenCat · 07-09-2010, 06:22 PM

and i wonder why nothing

kristin · 07-09-2010, 06:27 PM

Quote:

Originally Posted by fris

a lot of companies add music to their videos without permission, not many companies have been caught

I think it's the quantity and well, RK isn't small.

Had it been a guy doing ten joins per day ... Might be a different story.

TheSenator · 07-09-2010, 06:48 PM

FUCK YOU!

I can upload a video to YOUTUBE/REDTUBE/YOUPORN/etcTUBE with music in the background at a club that I recorded with my ANDROID and even watermark it as my own.

FIRST AMENDMENT RIGHT!

calling the Pirate Bay...

Dirty Dane · 07-09-2010, 07:01 PM

Quote:

Originally Posted by TheSenator

I can upload a video to YOUTUBE/REDTUBE/YOUPORN/etcTUBE with music in the background at a club that I recorded with my ANDROID and even watermark it as my own.

So if I were a musician, does that mean I can use random porn videos in the "background" to my music videos and watermark it, sell it.. as my own?

Profits of Doom · 07-09-2010, 08:35 PM

Quote:

Originally Posted by Robbie

Not true...they can be REAL dicks about that.

Night clubs have to pay a fee every year for the music that DJ's, cover bands, and jukebox's play.

They didn't use to be real bad about enforcing it...but in recent years with piracy killing the music industry, they are looking to pick up any and all money left on the table

Several of the strip clubs I ran got hit with bills, and '98 was the first year I can remember it being enforced. We wouldn't volunteer until we got a letter in the mail, but sooner or later they always caught us...

Lace · 07-09-2010, 08:37 PM

Robert and Kevin...goodluck!

Hope you didn't spend that few mil on Shaq's mansion.

mikeyddddd · 07-09-2010, 08:40 PM

MaDalton · 07-09-2010, 08:40 PM

i dunno - you learn in first recording lesson not to use copyrighted music in the background.. not sure what went wrong here

Ace_luffy · 07-09-2010, 09:51 PM

Quote:

Originally Posted by fris

a lot of companies add music to their videos without permission, not many companies have been caught

really true

Lace · 07-09-2010, 09:55 PM

whats ever funnier is they own their own record label.

CarlosTheGaucho · 07-09-2010, 10:42 PM

Quote:

Originally Posted by Robbie

Not true...they can be REAL dicks about that.

Night clubs have to pay a fee every year for the music that DJ's, cover bands, and jukebox's play.

They didn't use to be real bad about enforcing it...but in recent years with piracy killing the music industry, they are looking to pick up any and all money left on the table

Exactly, all it takes is someone to drop the word and all shit breaks loose

CarlosTheGaucho · 07-09-2010, 10:43 PM

Quote:

Originally Posted by kristin

Giddeon must be in court today to not hear from him yet.

You just scored again

SleazyDream · 07-09-2010, 11:10 PM

Quote:

Originally Posted by kristin

I think it's the quantity and well, RK isn't small.

Had it been a guy doing ten joins per day ... Might be a different story.

#1 rule in suing anyone - they must have the money to be able to pay if you win!

SleazyDream · 07-09-2010, 11:20 PM

the lawsuit could take years.................

Far-L · 07-10-2010, 12:48 AM

Quote:

Originally Posted by SleazyDream

#1 rule in suing anyone - they must have the money to be able to pay if you win!

Yes, totally true in most cases... but we are talking attorneys for Ascap/BMI and they don't give a damn about that when they are willing to sue teenagers for downloads... A defendant with cash is just their wet dreams come true.

Pornwolf · 07-10-2010, 12:59 AM

They will settle for a fraction of that amount.

Too bad they don't still have Jim Jonsin. He could have been some leverage here. lol

Far-L · 07-10-2010, 01:06 AM

Quote:

Originally Posted by TheSenator

FUCK YOU!

I can upload a video to YOUTUBE/REDTUBE/YOUPORN/etcTUBE with music in the background at a club that I recorded with my ANDROID and even watermark it as my own.

FIRST AMENDMENT RIGHT!

calling the Pirate Bay...

You have absolutely no clue or you are being facetious and I hope that is the case. Perhaps you could add a

to clarify...

For the record, people don't have a right to the music to publish it for personal gain when it is recorded on private property without permission no matter what you think. Time for you to go back to school and brush up on the First Amendment... and once you get up to speed on Constitutional Law then you might consider some IP remedial classes as well.

And for the record... just because you or anyone else hasn't been "caught" yet doesn't make it ok. It just makes it a liability that should not be overlooked.

Larry Walters is a great First Amendment specialist so that is why he is taking that approach in his media quote but even he knows from his first year of Law School how Copyrights work and how much Case Law there is in support of those rights. It would just look really bad if he said "my clients are in a really, really freaking difficult position and they should probably get some big IP guns in here quick to broker a manageable settlement."

Raf1 · 07-10-2010, 01:30 AM

I was wondering when this would come. It was pretty clear to quite a lot of people that they were going to get into trouble over this.

FeelMyTube · 07-10-2010, 01:47 AM

sucks big time, music studios are just desperate and trying to go after anyone they can. they have an army of lwayers on the payroll that have to show up with something.

maxxtro · 07-10-2010, 02:31 AM

CD sales must be down a lot more this year I guess

pradaboy · 07-10-2010, 06:38 AM

Wow that's amazingly stupid for a big operation like RK.

Quote:

especially the type of extreme

That said, what "extreme" sites do they run exactly?

CaptainHowdy · 07-10-2010, 06:44 AM

I'll be dammed... they can't afford music?

07-09-2010, 03:52 PM	#2
colin farrell Confirmed User Industry Role: Join Date: Jan 2006 Posts: 188	LOS ANGELES (CN) - Major recording studios sued pay-to-see Internet website operators, claiming they violate copyright by synchronizing pornographic videos to songs by major artists. The studios claim that Miami-based RK Netmedia and Realitykings.com "are engaged in copyright infringement of the most blatant and offensive kind." They want the websites shut down, and punitive damages. Warner Bros. and others claim the unlicensed use of their recordings in pornographic videos "tarnishes" the songs and "diminishes their value." "In no uncertain terms, defendants are engaged in copyright infringement of the most blatant and offensive kind," the complaint states. "Defendants know that major record labels, recording artists, and music publishers do not license their works for use in such pornographic content, especially the type of extreme, sexually explicit videos that defendants produce and distribute. So, defendants simply stole these sound recordings and musical compositions, synchronizing plaintiffs' works more that 500 times into the soundtrack of their pornographic video without license or consent from plaintiffs, apparently hoping that their conduct would go unnoticed." The defendants own and operate "no fewer than 28" for-profit websites that sell and distribute pornography, according to the complaint. The complaint includes an 18-page list of violated copyrights, and claims that "defendants not only incorporated plaintiffs' works into their videos, but then used them to draw an audience to their Web site and to advertise and promote the videos, including by naming the videos after popular songs." Besides lead plaintiff Warner Bros. plaintiffs include Elektra, Atlantic, and eight other studios. In addition to disgorgement, punitive damages and an injunction, the studios demand maximum statutory damages of $150,000 per copyright violation. The studios are represented by David Steinberg with Mitchell Silberberg. __________________ just passing by

07-09-2010, 03:53 PM	#3
colin farrell Confirmed User Industry Role: Join Date: Jan 2006 Posts: 188	can we get a smart assed snide off the cuff comment from pipecrew please? __________________ just passing by

07-09-2010, 03:53 PM	#4
Robbie Leaner, Meaner, Faster Industry Role: Join Date: Aug 2002 Location: Vegas Posts: 20,959	Yep...NEVER use other people's music for your stuff. I can't believe that they are dumb enough to do that. __________________ -Robbie ClaudiaMarie.Com

07-09-2010, 03:54 PM	#5
TheSenator Too lazy to set a custom title Industry Role: Join Date: Feb 2003 Location: NJ Posts: 13,332	SHIT....I bet they are focusing on INTHEVIP.com with club music in the background. FUCK Warner Bros. __________________ ISeekGirls.com since 2005

07-09-2010, 04:40 PM	#19
Allison Confirmed User Join Date: Jul 2001 Location: http://www.topbucks.com Posts: 2,068	http://www.xbiz.com/news/122621 ?As a copyright holder, RK greatly respects the need to enforce one?s intellectual property rights,? RK Netmedia attorney Lawrence Walters told XBIZ. ?That being said, there are some important fair use and 1st Amendment issues inherent in this action. It is RK?s hope that we can achieve a resolution to this matter that protects both the plaintiff?s copyright interests and RK?s right to free expression and commentary on popular culture.? __________________ Allison President TopBucks.com\| PinkVisual.com\| [email protected] Follow Me on Twitter: http://www.twitter.com/PV_Alli ICQ: 120353154 Check out PVLocker.com

07-09-2010, 03:49 PM	#1
TheDoc Too lazy to set a custom title Industry Role: Join Date: Jul 2001 Location: Currently Incognito Posts: 13,827	RK Media (Nasty$) Sued by Eight Recording Studios http://www.courthousenews.com/2010/07/09/28701.htm Claiming 500 violations at $150k per violation before punitive damages.

07-09-2010, 03:54 PM	#6
Lightning Confirmed User Industry Role: Join Date: Feb 2001 Location: Maryland, USA Posts: 870	Nevermind

07-09-2010, 03:56 PM	#8
JD Too lazy to set a custom title Industry Role: Join Date: Sep 2003 Posts: 22,651	i was wondering when that would happen. they use mainstream music in their videos all the time

07-09-2010, 04:00 PM	#12
kane Too lazy to set a custom title Join Date: Aug 2001 Location: portland, OR Posts: 20,684	I have often wondered why this doesn't happen more often. You see porn with copyrighted music in it all the time and these are big, well known artists so you know the studios didn't pay the licensing fees.

07-09-2010, 04:05 PM	#14
Rebel D Registered User Industry Role: Join Date: Jan 2004 Location: Ontario Posts: 3,916	Yeah i talked to a lady once about her having music in her retail store. she was sent a bill for broadcasting it. those music guys are cut throat

07-09-2010, 04:09 PM	#16
area51 - BANNED FOR LIFE So Fucking Banned Join Date: Aug 2009 Posts: 3,164	Fair use since the music sucks.

07-09-2010, 04:09 PM	#18
V_RocKs Damn Right I Kiss Ass! Industry Role: Join Date: Dec 2003 Location: Cowtown, USA Posts: 32,405	Ouch!....

07-09-2010, 04:56 PM	#20
FabianC Confirmed User Join Date: Jun 2001 Posts: 1,615	yikes ... 75m buckaroos

07-09-2010, 04:58 PM	#21
Overload Confirmed User Industry Role: Join Date: Jul 2005 Location: Beck's City, North Teutonia Posts: 3,185	they are dumb enuff to use MOV format galleries, so what ya expect? brains? __________________ There aren't enough faces and palms on this planet for an appropriate reaction to religion.

07-09-2010, 05:00 PM	#22
PornMD Mainstream Businessman Industry Role: Join Date: Jan 2007 Location: San Diego Posts: 9,291	Only a dumbass didn't see this coming eventually. If they are calling businesses specifically to try and hear music playing in the background that they can then sue the business for publicly playing, then yea, they'll have no qualms suing some porn company for playing unlicensed music in their vids. __________________ Want to crush it in mainstream with Facebook ads? Hit me up.

07-09-2010, 05:13 PM	#23
st0ned Confirmed User Industry Role: Join Date: Mar 2007 Location: Arizona Posts: 8,437	Interesting. I wonder how this one will pan out? __________________ Conversion Sharks - 1,000+ adult dating offers, traffic management, and consistently high payouts. We will guarantee and beat your current EPC to win your dating traffic! Skype: ConversionSharks \|\| Email: info /@/ conversionsharks.com

07-09-2010, 06:07 PM	#25
kristin GOO! Industry Role: Join Date: Sep 2002 Location: Back Home : ) Posts: 9,768	Giddeon must be in court today to not hear from him yet. __________________ Vacares rules. "Usually only fat guys have the kind of knowledge and ability that Kristin has."

07-09-2010, 06:21 PM	#28
fris Too lazy to set a custom title Industry Role: Join Date: Aug 2002 Posts: 55,336	a lot of companies add music to their videos without permission, not many companies have been caught __________________ Since 1999: 69 Adult Industry awards for Best Hosting Company and professional excellence. WP Stuff

07-09-2010, 06:22 PM	#29
TeenCat Too lazy to set a koala Industry Role: Join Date: Jan 2007 Location: CZ/EU forever! Posts: 16,139	and i wonder why nothing __________________ 6bot / Coming again very soon! Svit Zlin Radio 24/7!

07-09-2010, 06:48 PM	#31
TheSenator Too lazy to set a custom title Industry Role: Join Date: Feb 2003 Location: NJ Posts: 13,332	FUCK YOU! I can upload a video to YOUTUBE/REDTUBE/YOUPORN/etcTUBE with music in the background at a club that I recorded with my ANDROID and even watermark it as my own. FIRST AMENDMENT RIGHT! calling the Pirate Bay... __________________ ISeekGirls.com since 2005

07-09-2010, 08:37 PM	#34
Lace Too lazy to set a custom title Industry Role: Join Date: Mar 2004 Posts: 16,116	Robert and Kevin...goodluck! Hope you didn't spend that few mil on Shaq's mansion. __________________ Your Paysite Partner Strength In Numbers! StickyDollars \| RadicalCash \| KennysPennies \| HomegrownCash

07-09-2010, 08:40 PM	#35
mikeyddddd Viva la vulva! Join Date: Mar 2003 Location: you can't please everyone, so you got to please yourself Posts: 16,557	__________________ AdultStarProfits AmbyaCash AnilosCash AzianiGold ColdHardCash FlashTheMoney IdolBucks MediumPimpin NSCash Nubiles PussyCash ScoreCash Sextronix SpunkyCash TubeTitans Twistys

07-09-2010, 08:40 PM	#36
MaDalton I am Amazing Content! Industry Role: Join Date: Feb 2004 Posts: 39,822	i dunno - you learn in first recording lesson not to use copyrighted music in the background.. not sure what went wrong here __________________ AmazingContent.com - providing only the best content and service since 2003 Monetize your content on Veegaz.com - one of Germanies largest VOD sites Got German traffic? We convert it into money for you! Skype: madalton02826 - Email: oltecconsult [at] gmail [dot] com

07-09-2010, 09:55 PM	#38
Lace Too lazy to set a custom title Industry Role: Join Date: Mar 2004 Posts: 16,116	whats ever funnier is they own their own record label. __________________ Your Paysite Partner Strength In Numbers! StickyDollars \| RadicalCash \| KennysPennies \| HomegrownCash

07-09-2010, 11:20 PM	#42
SleazyDream I'm here for SPORT Industry Role: Join Date: Jul 2001 Location: Phone # (401) 285-0696 Posts: 41,470	the lawsuit could take years................. __________________ This dog, is dog, a dog, good dog, way dog, to dog, keep dog, an dog, idiot dog, busy dog, for dog, 20 dog, seconds dog! Now read without the word dog.

07-10-2010, 12:59 AM	#44
Pornwolf Drunk and Unruly Join Date: Jan 2002 Location: Hollywood Posts: 22,712	They will settle for a fraction of that amount. Too bad they don't still have Jim Jonsin. He could have been some leverage here. lol __________________ I've trusted my sites to them for over a decade... Webair, bitches.

07-10-2010, 01:30 AM	#46
Raf1 Too lazy to set a custom title Join Date: Oct 2003 Location: Writer for hire :) Gallery descriptions, articles, blog posts etc. ICQ: 209 356 106 Posts: 12,117	I was wondering when this would come. It was pretty clear to quite a lot of people that they were going to get into trouble over this. __________________ 80% Revshare or 30$ PPS on $1 trials: 200 Niches = Vidz.com Galleries / FLVs / Embeds 3 & 5mins FLVs \| RSS & Tube Feeds \| Matching Thumbs \| FLV Browser & Exporter \| No Prechecked Xsales >> Mobile Redirection Script: mobile.vidz.com also paying 80% net Lifetime << ICQ: 198-394-557

07-10-2010, 01:47 AM	#47
FeelMyTube Confirmed User Join Date: Jun 2010 Posts: 349	sucks big time, music studios are just desperate and trying to go after anyone they can. they have an army of lwayers on the payroll that have to show up with something. __________________ Tube site converting ex-gf programs @ 1:276 for sale here (proof inside )

07-10-2010, 02:31 AM	#48
maxxtro Confirmed User Industry Role: Join Date: Dec 2002 Location: EU Posts: 561	CD sales must be down a lot more this year I guess __________________

07-10-2010, 06:44 AM	#50
CaptainHowdy Too lazy to set a custom title Industry Role: Join Date: Dec 2004 Location: Happy in the dark. Posts: 93,204	I'll be dammed... they can't afford music? __________________ FLASH SALE INSANITY! deal with a 100% Trusted Seller Buy Traffic Spots on a High-Quality Network 1 Year or Lifetime — That’s Right, Until the Internet Explodes!