A number of record companies including Warner Brothers has filed a lawsuit against RK Netmedia, a company whose holding include realitykings.com and inthevip.com . The lawsuit alleges that actors and actresses starring in the websites' adult content, often lip-synch to background music which is copyrighted. The complaint list hundreds of such infringements and seeks $150,000 per.
Marc Randazza, who is serving as counsel for RK, says they will argue that the defendants' use of music is "fair use" in this context.
"If you're going to film in a live night club, you're going to absorb some of the ambient sounds," he says. "You are going to hear what the DJ is playing, and if someone can tell me how to shoot at a nightclub and police out the music in the background, I'm all ears."