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Porn Site Cites First Amendment in Battle with WB

7/12/2010 7:51 AM PDT BY TMZ STAFF

The porn website facing a giant lawsuit from several major record labels thinks they were within its First Amendment rights to use the record labels' music without permission.

0712_reality_kings_warnerbros

Warner Bros. Records, along with several other record companies,  is suing RealityKings.com, claiming the porn site ran their copyrighted music in several porn videos. Marc J. Randazza, a lawyer for RealityKings.com, says the videos are shot in actual nightclubs and the music is just happens to be playing in the background.

Randazza tells us, "RK greatly respects the intellectual property rights of others. RK immediately took the videos down, despite its sincerely-held belief that it was within its First Amendment rights, as soon as they received notification of Warner Brothers' position."

The record companies are asking $150,000 per violation ... and there are 18 pages of violations.


12 COMMENTS

No Avatar

1.

Hotdog On a Stick    

Let see how much of that money goes to the artists who ACTUALLY created that music.

My guess is they (the artists) will see about 3.5 cents.
(+/- 3.0 cents)

1543 days ago
2.

Sin D    

Reality Kings IS the best site out there...so give em a break.

1543 days ago
3.

Jason Chambers    

RK makes some of the best stuff on the net. Maybe Naughty America, but they are def top two!

1543 days ago
4.

awards    

Warner Bros. just wants a slice of porn profit! They should partner with Vivid and use their music to enhance the show!

1543 days ago
5.

Ehécatl    

Only TMZ would think this is "celebrity justice" news.

1543 days ago
6.

Superman    

These a-holes are screwed!!! LOL. It's one thing to download the songs for free for your personal use (which really should be ok, but the record companies are crying because technology beat them out.). It's another thing to use their music to make money or to sell something (Now, that's copyright infringement!). I, for one, am glad to see these low-lifes get taken down.

1543 days ago
7.

Brett    

What Id like to know, is, which sicko executive at Warner Bros was watching porn and heard their music while doing who knows what.....

1543 days ago
8.

Anthony    

I've noticed that they were playing some music in the background and wondered about it. Would they guys from Rage Against the Machine(Sony) allow their songs in porno site. Anyways, RK is pretty much a good site as well as Brazzers and Naughty America. I just wish they can get a bit more lewd.

1543 days ago
9.

anonymous    

Their screwed, they're arguing that the music just happened to be playing in the club when they shoot their scenes is complete nonsense.

Over eight years ago when they were getting started out they might have been shooting live in the club during an actual night club event. And where they used to fake "looking" for their reality star in the actual crowd on the dance floor; for a long time it's obvious they've staged their "VIP" room.

It's so obvious they don't even leave the "VIP AREA/SET" anymore. No one but their people are in the shoots, So no one paid for a VIP table but the porn shoot that night?? It's probably a shoot in a real VIP room but on a tuesday night when they've rented out a closed club for their closed shoot.

Their screwed.

1543 days ago
10.

Skippy La Rue    

FYI Kimbo Slice was their bodyguard!

1543 days ago
11.

DKS    

Brett said: "What Id like to know, is, which sicko executive at Warner Bros was watching porn and heard their music while doing who knows what..."

You're joking, right? The entire music industry consists of dirty lowlifes who do nothing but sit around watching porn and doing blow all day long while skimming most of the profits from the artists who do the real work. I'm sure these guys were full of belly laughs and back slapping when they thought up this latest way to abuse the legal system to extort money from yet another lucrative target.

1543 days ago
12.

jayni    

WHY WARNERBROS IS SUCKING DIRK

1536 days ago

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