A legal case is currently being played out in the United States that could change the «official» parameters around copyright claims. The country’s own constitution says that there is a clause around copyright which states that in order to promote scientific progress and useful arts, certain copyrights must have a limited time of exclusive rights over the works.
Similarly, California law holds that obscene works do not promote scientific progress or art, and therefore cannot be protected by copyright. Under both guidelines, a woman accused of copyright infringement for sharing BDSM material on BitTorrent has sued the production company itself.
Hard Drive Productions, had sent a letter to Liuxia Wong last year claiming that her IP address had been used to share the BDSM film «Amateur Allure Jen» on BitTorrent. According to Wong herself, the letter asked her to pay $3,400 or go to court with a $150,000 lawsuit.
The woman, a California resident, has decided to fight back by suing the producer, seeking to reconsider the laws, and accuses the producer of harassment on her person. In addition, according to U.S. law, pornography should not be owned by anyone.
«OBSCENE WORKS DO NOT PROMOTE THE PROGRESS OF SCIENCE AND THE USEFUL ARTS, AND THEREFORE CANNOT BE PROTECTED BY AUTHOR’S RIGHTS.»
California’s Law.
In other words, Wong’s claim is based on these guidelines to claim that Hard Drive Productions does not meet these criteria because it represents both obscene and criminal acts.
Wong is asking the court to issue an order stating that not only is she not responsible for the infringement claim, but that the film should not be copyrighted, emphasizing that the production company is dedicated to promoting prostitution and pimping in these types of productions.