YNOT Magazine by YNOT

CONTENTS

Social Media & Adult: A Crucial but Fraught Relationship Gene Zorkin

Stop Doing That! 3 Dated Social Media Practices Abbie Stutzer

Donâ&#x20AC;&#x2122;t Tweet Your Way Into Court

Gene Zorkin

Buttholes Be Damned! Companies, Build Followers and Enhance Engagement

Amber Gold

Social Media and Copyright Law: Three Cases to Watch

Gene Zorkin

Confused by Grandma FB, Snotty Insta and Snap? Frontline Social Media Pros Weigh In

Amber Gold

PAGE

From the Editor

of for the enthusiastic response to the launch A huge thank you from all of us at YNOT success and we appreciate all the kind comments YNOT Magazine. Our first issue was a huge that were sent our way. Magazine, there’s no rest for the wicked here Although we just recently announced YNOT ng months, including two epic awards shows this at YNOT. We have a lot happening in the comi and October 24th. fall. Mark down these dates: September 15th the show that re-defined award shows for our First up in September is The YNOT Awards, al in the adult business community, the 8th annu industry. Designed to recognize excellence n opea Eur The e in Prague in conjunction with YNOT Awards (ynotawards.com) takes plac Summit.

The YNOT Cam Awards in Hollywood. The Then in October, YNOT is thrilled to present .com) recognizes the amazing performers from inaugural YNOT Cam Awards (awards.ynotcam ts so will feature the best webcam and clips artis the adult interactive sector of our industry, also can check the website for details. You in our business. If you’re interested in attending . watch the live stream online on October 24th for sed on the state of social media marketing The second issue of YNOT Magazine is focu about the challenges we face as an industry, adult companies. As you read though it and think k. a website. YNOT Network (www.ynotnetwor consider joining us on YNOT’s own social medi l to provide the industry with a friendly socia lly ifica spec hed aunc re-l ntly rece was com) . anies to network and market on the platform network that actually encourages adult comp to azine. We appreciate your support and hope As always, thank you for reading YNOT Mag see you online. Connor Young CEO YNOT

Featured Article

Social Media & Adult: A Crucial but Fraught Relationship By Gene Zorkin

Of all the transformative technologies, platforms and applications which have emerged via the internet, perhaps no other has been as impactful, global and far-reaching as the phenomenon of social media. While estimates vary, most sources peg the number of Facebook users at around 2.2 billion people, with a little over two-thirds of adults in the U.S. reporting they have Facebook accounts, of whom 75% access Facebook daily. Tumblr, Instagram, Twitter, Snapchat, Pinterest and a handful of other sites and platforms also boast user counts in the hundreds of millions. These users are not unique to each platform, of course – the Pew Research Center says the “median American” uses three of the

following eight platforms: Twitter, Instagram, Snapchat, YouTube, WhatsApp, Pinterest and LinkedIn. In addition to having expansive market penetration, social media is far more effective for producing user engagement than are other forms of media. For decades, marketing experts have extolled the benefits of “word of mouth” marketing – and there’s no better accelerator for the word of mouth than social media, in part because the platforms actively encourage sharing and re-sharing of items published thereon, making users more likely to pass along stories, images and links they see on their social media feeds. Naturally, all this traffic, interaction and consumer

engagement makes social media platforms attractive places to advertise and promote products, services and content. As is often the case with adult content and products, however, the terms of service and acceptable use policies of social media platforms make it difficult (in some cases, nigh impossible) for members of the adult industry to effectively promote their wares on many social media sites. Social media companies don’t prohibit the display, distribution and promotion of pornography on their platforms out of some deep seated anti-porn bias on the part of their owners or operators; they prohibit porn (and other objectionable content) due to the presence of minors on their platforms and the corresponding public pressure to keep their sites and apps “clean.” Still, despite the barriers and challenges presented by the social media platforms’ policies (and the ofteninconsistent enforcement thereof), many adult performers have established a strong and active presence on those platforms which don’t summarily bar their participation, like Twitter. Taking advantage of an environment which enables them to interact directly with fans, producers and peers, performers have leveraged Twitter into an outstanding promotional and marketing platform, in addition to an expressive outlet in which to put their personality and creativity on full display. In this issue of YNOT Magazine, we will be focusing on the complex, tricky, but potentially highly-rewarding relationship between social media and adult entertainment, exploring ways in which members of the adult industry can (and have) made the most of social platforms to promote their work and raise awareness of their brands. We’ll talk to experts and analysts about issues ranging from legal and

public relations risks to tips and pointers for growing and maintaining a large social media following. Along the way, we’ll look at trends in social media, the varied demographics of major platforms, trends in social media use, metrics you should pay attention vs. those which may not be as significant as they seem at first glance (spoiler alert: harnessing user engagement is more important than simply racking up “likes”), ineffective social media tactics to avoid and the potential value of niche social networks where the adult entertainment industry might be more welcome than it is on certain major platforms. We’ll also examine how recent changes in American law, including the establishment of the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA), and ways in which the new law could restrain adult entertainment companies and performers who have nothing to do with human trafficking, but whose activities and expressive works some in government seem determined to intentionally conflate with reprehensible crimes. Whatever difficulties and challenges may arise in promoting and marketing adult content and products in the social media environment, the popularity of the platforms and the sheer size of their collective user base make navigating their policies and restrictions worth the effort. In other words, the question is not whether adult entertainment companies, performers and producers should use social media to expand their reach of consumers, but how they should go about doing so.

About the Author Gene Zorkin has been covering legal and political issues for various adult publications (and under a variety of different pen names) since 2002.

Interviews

Stop Doing That! 3 Dated Social Media Practices (And What You Should be Doing Instead) By Abbie Stutzer Social media is ever-changing. It makes sense that your social media practices should evolve, too. Social media “rules” are always getting re-written. And if you aren’t paying attention, you could get left behind… or run the risk of your business appearing dated and out-oftouch. The following social media no-nos should be avoided at all costs. (To help you curb any lingering bad social media habits, we’ve also included some advice on what you could do to keep up with the industry.) Bad habit #1: Relying on auto-tweets/scheduled posts

Auto-tweets and scheduled posts were once lauded for their convenience. After all, people take days off work, and social media never sleeps. On more than a few occasions however, scheduled tweets/auto-tweets have gotten brands in trouble. For example, Tesco, a UK supermarket, had an embarrassing incident concerning a scheduled tweet when the company was working through a horse meat scandal in 2013, Business Insider reported. The scheduled tweet that published read: “It’s sleepy time so we’re off to hit the hay. See you at 8am for more #TescoTweets.”

People were irritated with the tweet’s flippant tone. Although Tesco responded with an apology, including fullpage advertisement-style apologies, the damage the tweet caused was already done. What to do instead: Stay on top of your social media’s tone. If your social media director or marketing manager is going on vacation, consider asking them to delegate their posting tasks to a bright, well-informed colleague; and maybe have the director plan a few generic, informative auto-tweets and scheduled posts in advance. This way, posts and tweets will remain relevant, on-brand and unintentional social media disasters may be avoided.

Also if you do schedule posts, take Envision Creative’s advice. “Best practices call for scheduling content for a maximum of 1 ½ weeks at one time,” Envision Creative suggests. “Scheduling content for shorter stretches of time allows you to capitalize on relevant topics and trends that might occur.” Bad habit #2: Publishing duplicate content across all social media accounts We’re all guilty of this. You take a cute photo of your dog, and you post it everywhere — Facebook, Instagram, Twitter — you get the idea. Although this social media faux pas isn’t that big of a deal on personal accounts, it can come across annoying on professional accounts. Also, each social media service tends to attract different followers and fans. What to do instead: To be successful, each post you make on your company account should be optimized for each platform. This also is know as “pillaring.” “Facebook and LinkedIn share similarities, but content on Twitter, Instagram, Pinterest and every other platform requires a custom approach,” Envision Creative advises. And if you think that you don’t have enough content to share across all platforms, you do. According to Forbes, you can use “static images, videos, gifs, memes, cartoons

and text posts. You can also vary your content’s tone by including inspirational, funny, informative, serious, and promotional messaging.” Bad habit #3: Hashtag overuse, jumping on a trending hashtag We’ve all seen posts that are more hashtag than content. These hashtag hot messes can make your posts look bad for two reasons: First, overuse of hashtags makes the post hard to read, like an incoherent pile of text. Second, excessive hashtag use can make posts look like spam. The BLU Group reports that 91 percent of top brands “use seven or fewer hashtags per post.” Also, If you think that using a trending hashtag could help you gain followers, think twice. Using the tag won’t work unless it’s related to your industry. “Keeping a hashtag close to the interests of your brand really helps,” explains Krystal Gillespie, HubSpot’s social

media community manager. “We try to use hashtags tailored for a specific topic and then narrow it down further — for instance, we’d use #SEOTips if our marketing post was mostly about SEO.” Also, your improper use of a trending hashtag could totally miss the mark. For example, DiGiorno Pizza “hijacked” the hashtag #WhyIStayed, a hashtag that allowed domestic violence victims to share their stories. When the pizza company used the tag, it tweeted: “#WhyIStayed You had pizza.” What to do instead: Make a list of what hashtags work for you and your brand. “Over time, you’ll see relationships between certain hashtags and your most popular posts, and this can help you decide which hashtags work best for your brand,” The BLU Group says. Also, consider following your brand’s own hashtag to connect with people using said hashtag. “On Instagram I actually follow the hashtag #hubspot so I can find anyone who talks about us and connect with them,” Gillespie said. “As long as your account isn’t private, people will be able to find you via the hashtag.”

About the Author Abbie Stutzer is a writer and editor from Lawrence, Kansas. Find her on Twitter at @abbiestutzer and on Insta at @abbiestutzer. Email her at abbie@ynotcam.com.

Interviews

Don’t Tweet Your Way Into Court By Gene Zorkin

With over half of the world’s population now using social media, it’s not surprising businesses in all sectors are working hard to wrap their minds around the trends, usage patterns and consumer behaviors which define the space. As the corporate world tries to make the most of its social media presence, hard lessons are being learned along the way. For one thing, what “works” in terms of grabbing social media users’ attention and creating viral buzz isn’t always

in line with a company’s overall best interests. Some mainstream companies have learned this the hard way, when social media influencers with whom their brands are associated go off the rails, creating negative publicity and viral backlash. While the likes of PewDiePie get the headlines, less sensational social media mishaps occur all the time,

sometimes revolving around ill-conceived tweets or posts from in-house employees rather than contracted influencers. Beyond the potential public relations consequences, social media use can also expose companies to legal liability directly or be used against companies in litigation which has nothing to do with its presence on social networking sites. “Don’t put anything on social media that you don’t want

marked as Exhibit A and handed to you in a deposition or in front of a jury,” attorney Karen Tynan told YNOT. “I’ve used social media posts frequently in litigation as a way to show where a person was on a particular day, what the person was doing, what their frame of mind was, and who they were with.” Attorney Larry Walters concurred with Tynan, noting that while social media “can be a powerful tool,” it’s also a tool with a double-edge, because “your posts can be used against you by anyone looking to seize upon an

opportunity.” Making matters worse, Walters added, the original context of a person’s post is a completely different kettle of fish from that of a hearing or deposition. “Posting on social media is typically casual and often hyperbolic, given the nature of the outlet,” Walters said. “However, posts will be viewed in a much different light in a sterile courtroom.” It’s also important to remember that what you post on social media will be out there forever – despite the false

comfort of being able to take down or delete a post or tweet. “Sometimes people think they are clever because they take down a post and then deny all facts shared in the post,” Tynan observed. “Not so fast! People will have retweeted that post, screen grabbed that post, or used a person’s post in another way.” Even aspects of posts and tweets which the author may not consider noteworthy or potentially problematic can come back to bite them in court, Tynan added.

“For example, I recently had a case where a witness couldn’t remember travelling to Las Vegas and staying at a certain hotel. Denied it ever happened,” Tynan said. “But the social media posts showed a picture from the flight with the Southwest logo and poolside photos with lots of emojis and visual effects.” Although certainly less dramatic than posts which give rise to lawsuits or serve as damning evidence in such, careless posting practices can also give companies fits by resulting in being suspended or banned from a social media platform. For a company which has invested significant time and effort in building its brand on a popular site, months of hard work can go down the drain with a single misguided tap or click. “Given the evolving content moderation policies on most major outlets, social media users must be sensitive not only to the legal implications of their posts, but also to acceptable use policy compliance,” Walters said. “Loss of a social media account can be devastating.” As tricky as navigating the rules and regulations of social media platforms can be for companies of any kind, it’s an especially thorny issue for adult companies, given that the rules of the road are already stacked against them – and new laws like the Stop Enabling Sex Traffickers Act (SESTA)

aren’t making things any easier on the porn industry where social media is concerned. “The issues are particularly delicate in the realm of adult entertainment, where the content of posts can conflict with new restrictions on promotion of sex work or prostitution,” Walters said. “It is important for adult entertainment

providers to be familiar with the stated moderation policies and gain a sense of how they are being enforced on each platform.” Ultimately, balancing the risks and rewards of social media use successfully is worth the effort, not just because of the commercial utility of social platforms as a promotional environment, but because they enable companies to engage with their customers and fans in a more direct way than traditional media. Adult and mainstream companies alike simply must be mindful of avoiding the landmines as they harvest from their social media garden, so to speak. “Social media posts can provide a unique insight into an

individual’s personality and character,” Walters said. “While social media engagement offers an outlet for venting, advocacy, and promotion, understand that a single post can result in loss of an account, or potential legal liability.”

About the Author Gene Zorkin has been covering legal and political issues for various adult publications (and under a variety of different pen names) since 2002.

Viewpoints

Buttholes Be Damned! Companies, Build Followers and Enhance Engagement By Amber Gold “But… how did you even get that many followers to start with?” a well-meaning but clearly flabbergasted company owner asked. His question was directed to a model who had just finished speaking. The model, one of five performers assembled for a seminar on social media, shrugged. She’d been sharing a tale of woe – her Instagram account, which had had approximately 650,000 followers, had randomly and unceremoniously been shut down. Luckily, she still had her Twitter, which, though shadowbanned, had nearly as many friends and fans. “By being myself, by talking with my fans — and by sometimes showing them pictures of my butthole,” she answered with a laugh. From my seat in the audience, I couldn’t help but wonder… certainly this wasn’t all about the model’s butthole? I mean, there’re variable approaches to social media. Some say “no buttholes” — as in, don’t give explicit content away for free. Others suggest placing all your cards on the table, strategically. But what if one’s butthole-sharing game plan isn’t even a question because it isn’t even a possibility?

For brands without a human proxy, this is often the case. Consequently, social media strategies must be formulated accordingly (read: differently). We asked the masterminds at Evil Angel and Gamma Entertainment about building up followers and augmenting engagement in the absence of buttholes. What are some of the most effective strategies for brands without a human proxy to build their social media presence? Liz at Evil Angel recently took over the company’s online marketing, including managing the company Twitter account, @EvilAngelVideo. According to Liz, the following are the three most effective strategies for brands to build their social media presence. 1. Promote your product and be consistent Liz said: “[Evil Angel is] an adult entertainment company, so a lot if not all of our posts are going to be about that. People follow us to see what new scenes we have out, what new movies are coming up and the sexy talent. When I post a new scene, I tag the talent, director and link to the scene. I

like to add a small sexy description on what’s going on in the scene to make people intrigued and hopefully make them want to click the link.” 2. Time out your posts Liz said: “We have fans all over the world, so we make sure we have tweets going out at all hours of the day and night to cater to everyone. We also don’t want to overwhelm people who follow us, so we space out our tweets.” 3. Engage Liz said: “I try to interact with fans when they comment on our tweets or simply thank them for being a part of Evil Angel. I think that makes them feel appreciated. I meet a lot of fans in person when I work at [expos], so putting a face to the Twitter name is cool when I get to talk to them. Also, doing a contest here and there to give out signed DVDs or merchandise [is effective].” Insights from Liz point to three-dimensional thinking. This includes being mindful of the needs and diversity amongst people who consumer your products, as well as taking care to make sure people know there is a real human behind the content-curtain. The need for mutual interactivity is a common theme that comes up often in today’s world. Social media, not surprisingly, is no different. Example of an on-brand, socially relevant tweet with good engagement.

At Gamma Entertainment, things are a bit different in terms of social media. We corresponded with their Social Media Specialists Jess and Ursela regarding the most effective strategies for brands to build their social media presence. Ursela, who has worked in Gamma’s social media space for

nearly five years, said, “There is no ‘One Social Media Strategy’ to fit all brands. [E]ach channel is treated individually, and we cater to its needs.” “Much like the content itself, consumers are demanding more overall value. We have clearly defined goals, one of which is content exposure,” she added. “Maintaining consistency and esthetic is key.” Jess’s insight built off Ursela’s, reiterating the need for interactivity, especially interactivity that feels authentic. Jess said: “I find the most effective strategy is to listen. Despite the fact that we don’t represent our company through a persona doesn’t negate opportunities for meaningful communication with our followers. I find when you genuinely show that you take your audiences’ opinions into consideration that you will receive a positive response. Even if it is reaching out to a single person and making their day a little better, that act will have a wider reception and people will pick up on it.” Taken collectively, these insights from Liz, Jess and Ursela point to a few simple considerations: the need for interactivity, brand consistency and correspondence that shows the humans behind the products. Even if your butthole is not part of the wares, consumers want to know that there’s a person back there! It’s important to note that, though these insights may point to simple concepts, enacting these practices within the context of your specific brand can get tricky. Work to apply these ideas in ways that make sense for your brand or products, and remember: Social media is a marathon, not a sprint.

Interviews

Social Media and Copyright Law: Three Cases to Watch By Gene Zorkin It has often been observed that the law struggles to keep up with the advance of technology. Arguably, there’s no intersection of law and technology where this axiom is more on the mark than when it is applied to the interplay between copyright law and social media. All the same challenges which the internet has presented to intellectual property jurisprudence since the advent of the commercial web have only been exacerbated by the explosion of social media use in recent years. After all, in the early days of the web, a relatively small percentage of people using the internet were actively publishing content thereon compared to now, when every person who holds a social media account effectively serves as his or her own publisher.

For those interested in the ongoing tug of war between the enforcement of intellectual property law and the far more freewheeling behavior of social media users, below are three cases on which to keep an eye. Only one directly involves social media, but the other two have significant and broad copyright-related implications which could impact how social media users use online content – as well as whether they can be sued for their use of the content, and if so, by whom. Goldman v. Breitbart In February, when Judge Katherine Forrest issued a ruling in this case finding that the defendant media outlets had violated photographer Justin Goldman’s exclusive right to display his work by embedding tweets which included one of his photos, some corners of the legal community

pounced on the ruling as potentially ruinous to the very internet itself. “Federal Judge Ruined the Internet Yesterday” read the headline to a piece penned by Joe Patrice for AboveTheLaw. com. The consternation over Forrest’s ruling centered on the fact it rejected the “server test” standard established in Perfect 10 v. Amazon. It’s a bit of an oversimplification, but the test is generally understood to mean one can’t be held liable for copyright violation for simply linking to an infringing work, as opposed to storing the work on one’s own server. “The plain language of the Copyright Act, the legislative history undergirding its enactment, and subsequent Supreme Court jurisprudence provide no basis for a rule that allows the physical location or possession of an image to determine who may or may not have ‘displayed’ a work within the meaning of the Copyright Act,” Forrest wrote in her decision. What a lot of observers have not noted is the next sentence of Forrest’s ruling, or other statements in the decision which make clear the judge doesn’t think her ruling is the end of social media (or the internet itself) as we know it. “Moreover, the Court agrees that there are critical factual distinctions between Perfect 10 and this case such that, even if the Second Circuit were to find the Server Test consistent with the Copyright Act, it would be inapplicable here,” Forrest added.

The case is currently stayed pending an interlocutory appeal on Forrest’s ruling, which addressed only the right to display aspect of the case. The judge also hasn’t reached the defendants’ fair use arguments yet, so regardless of how the interlocutory appeal plays out, this one is far from over. Fourth Estate Public Benefit Corp. v. Wall-Street.com This case has just been granted certiorari by the U.S. Supreme Court, which immediately marks it as a case of significance. Whatever the court decides, it’s likely to resolve a split in how different judicial circuits have approached the questions of when a copyright holder may sue in federal court. Some courts have allowed rightsholders to proceed with their copyright complaints while their applications are still being processed by the Copyright Office, while other courts have ruled the law requires applicants to wait until after the Copyright Office has approved or rejected the application before they can file their lawsuit. In an amicus brief encouraging the Supreme Court to take the case, the Office of the U.S. Solicitor General made its position quite clear. “The text, structure, and history of the Copyright Act confirm that the Register must have acted on an application for copyright registration—either by approving or refusing registration—before the copyright owner may institute a copyright-infringement suit,” the Office stated in its brief. “Petitioner’s contrary arguments are unavailing.”

Michael Poster, a music industry attorney, sees potential for this state ruling to influence federal copyright cases. “If, under California law, a lot more people are going to be treated as employees rather than as independent contractors, chances are that a lot of their work product that they would have retained a copyright interest in might belong to their employer,” Poster said.

Dynamex Operations West v. Superior Court of Los Angeles While already decided and not an intellectual property case, the California Supreme Court ruling in Dynamex Operations West v. Superior Court of Los Angeles has potentially substantial implications for future copyright cases which involve an employer/worker dispute over who owns the copyright to the work at issue in the case. In turn, that determination would define who a social media user would be sued by, should the user be alleged to have infringed on the copyright in question. In its decision rendered in April, the court established a new standard for determining whether a worker is considered an independent contractor or an employee. “Under this test,” the court wrote, “a worker is properly considered an independent contractor to whom a wage order does not apply only if the hiring entity establishes: (A) that the worker is free from the control and direction of the hirer in connection with the performance of their work, both under the contract for the performance of such work and in fact; (B) that the worker performs work that is outside the usual course of the hiring entity’s business; and (C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity. In the “gig economy” age, when a lot of companies look to outside talent to create original works, the question of whether the talent is an employee or independent contractor has huge implications for how the contract between the worker and the company is written.

Other observers are skeptical the case will have much influence on the application of federal copyright law. “When it comes to state law, the California Supreme Court is a leading court on employment law decisions,” said Nathaniel Strauss, an IP law attorney with the Seattlebased firm Karr Tuttle Campbell. “At least in the copyright realm, the federal courts might consider it to be of interest. It might be persuasive, but they’re not going to automatically adopt it.” For different reasons – some direct and obvious, others nuanced and indirect – each of the cases above has the potential to impact how intellectual property law is applied to the publication, sharing and re-sharing of content on social media. As is always the case, only time will tell how (or even if) they are applied. It’s also true these cases aren’t even the full tip of the iceberg. For that matter, with the number and variety of copyright, trademark and patent cases filed every year, they’re more like a few prominent inches sticking out of the side of the iceberg’s tip. That said, they’re worth keeping an eye on – if not your own eye, that of the attorney who advises you on intellectual property law issues.

About the Author Gene Zorkin has been covering legal and political issues for various adult publications (and under a variety of different pen names) since 2002.