While MarkMatters.com cannot remember ever having seen a discussion in the Netherlands whether or not obscene content can be copyrighted, in the US this topic seems not be fully clear. The plaintiff in the Wong versus Hard Drive Productions claims that obscene concent cannot be copyrighted. Judge Young found that it is indeed unsettled in many circuits whether pornography is in fact entitled to protection against copyright infringement. Copyright protection in the United States was “effectively unavailable for pornography” until the landmark decision by the Fifth Circuit in Mitchell Brothers Film Group v. Cinema Adult Theater.
It is hard to believe that the billion dollar pornindustry could not claim copyrights in the US making all these movies and content free available for everybody!
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