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Celebrity Justice7/12/2010 7:51 AM PDT BY TMZ STAFF
Porn Site Cites First Amendment in Battle with WB

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.

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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.


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Reader Comments

(Page 1 of 1)
1.

Hotdog On a Stick:  581 days ago

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)

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2.

Sin D:  581 days ago

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

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3.

Jason Chambers:  581 days ago

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

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4.

awards:  581 days ago

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

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5.

Ehécatl:  581 days ago

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

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6.

Superman:  581 days ago

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.

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7.

Brett:  581 days ago

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

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8.

Anthony:  581 days ago

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.

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9.

anonymous:  581 days ago

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.

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10.

Skippy La Rue:  581 days ago

FYI Kimbo Slice was their bodyguard!

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11.

DKS:  580 days ago

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.

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12.

jayni:  574 days ago

WHY WARNERBROS IS SUCKING DIRK

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