Porn Valley- When I finally get around to writing my book about the adult industry, I guarantee you, it’ll be a doozy. I was thinking about that when www.lukeisback.com had declared it an unofficial Tera Patrick Day by running an interview that Patrick had done with Cindi Loftus.
That prompted me to think about my sharing with you an exchange that I had with Patrick’s attorney last year. Never published or even referred to by myself, this conversation occurred about the time Adultfyi.com was launched and Patrick was in the middle of her arbitration with Digital Playground, a case she subsequently won.
At the time I had written a couple of articles about the case which was basically over her right to use the name Tera Patrick.
Somehow, though, I was never clued in that Patrick’s lawyer was going to call me. And I’ll just let you read on and see how this surprise conversation develops, the object of which was intended to solicit my testifying on Patrick’s behalf.By the way, the lady lawyer never introduces herself by name only to say that she was Patrick’s attorney. In the exchange she will be referred to as L.
L: You might be aware she had a falling out with Digital Playground over her contract. There are a couple of issues in her case that she thought it might be helpful for me to talk to you about.
Gene: Okay.
L: Now the first thing- I understand you were an editor at AVN for a long time?
Gene: I ran AVN.
L: What was your title?
Gene: I was vice president of editorial operations
L: How long were you there for?
Gene: About 15 years.
L: For what period.
Gene: From about 1986 to 2000.
L: So you were there in 1999. Did you know who she was in 1999?
Gene: Yeah.
L: Did you know her as Tera Patrick:
Gene: Yes.
L: Did you know her by any other name.
Gene: Actually I did but she had a couple of aliases when she first came into the business.
L: Do you remember any of them.
Gene: Not off the top of my head.
L: Would you say she was more known as Tera Patrick by the end of 1999?
Gene: Yeah, sure, of course.
L: So when she started out she had a couple of names but had settled on Tera Patrick.
Gene: She even talked about that when she had her show at Digital.
L: She did?
Gene: Yeah.
L: The Tera Show?
Gene: Yeah.
L: When did she say that?
Gene: You’re asking me for something specific from four years ago.
L: Whatever you can remember.
Gene: I used to go attend that show and she used to bring up the fact that she was known under different names.
L: I see.
Gene: She told that story a number of times
L: I see.
Gene: She was always very open about working under different names.
L: I take it you’re no longer with AVN.
Gene: No.
L: What was the reason that you left there, if you don’t mind sharing that with me?
Gene: Don’t mind sharing that with you whatsoever. They promised me partnership in the company. They reneged. And I basically told them to go F themselves.
L: I see. What are you doing now.
Gene: Running my own company.
L: And what company is that?
Gene: Adultfyi.com
L: Can you describe what you were doing with AVN then as opposed to now?
Gene: Excuse me, but what does this all have to do with me?
L: It doesn’t have anything to do with you. She thought that maybe you could help her a little bit. One of the areas in dispute is whether she’s entitled to use her own name.
Gene: Right.
L: And whether she was known as Tera Patrick before she met them.
Gene: If you’re going to ask me that specific question, I don’t know the specific origin of Tera Patrick and when she started using that. So I’ll answer that question this way. I knew her as Tera Patrick when she was with Digital. Now she had appeared in a number of movies prior to that. And I think she was billed as Tera Patrick. One was a Randy West movie so you should be talking to him also because he filmed her a number of times- under the name Tera Patrick.
L: Okay. I am.
Gene: That’s more legitimate than what I can offer you the fact that her name appeared in a marquee or credits in certain videotapes prior to her being with Digital Playground.
L: I do have some of those. The model releases show her as Tera Patrick in 1999 before she ever met them. But just by way of general background, though, AVN- correct me if I’m wrong. I’m a general lawyer. I don’t specialize in the adult entertainment industry. So as I understand it, AVN is essentially an industry magazine about the adult entertainment industry.
Gene: That is correct.
L: And how about what you do now. Is it the same type of thing?
Gene: Exactly. Only I would have to say that AVN has a magazine and they also have a website. I don’t have a magazine. I just have a website. My website is, ostensibly, a competitor of AVN’s. AVN, however, more or less talks about the trade end of the business. My website talks more about the performers’ end of the business and the gossipy end of the business.
L: I see.
Gene: They address the Business Week, Forbes-related types of issues whereas ours is the US magazine or the Entertainment Weekly end of the business.
L: Okay. So basically you did know her as Tera Patrick in 1999?
Gene: Yes.
L: Do you feel comfortable with that? Okay. One of the issues in the case is whether the services that she provided for Digital- understand this is services- one of the questions in the case are were her services unusual, unique or extraordinary. Would you say that her services for them were unusual, unique or extraordinary?
Gene: The only unique aspect of her services other than your basic contract girl – thing is that she had her Internet show. Basically she was a contract girl in the most general terms of a contract girl in the adult industry. She had that unique exposure with an Internet-based show.
L : Okay.
Gene: Otherwise, she performed all the normal functions of a normal contract girl. She would go to trade shows, sign autographs, be a representative of the company and she would appear in whatever features they designed for her.
L: Okay. Are there other actors or actresses at this point that have an Internet show?
Gene: Yes. But that’s besides Digital. There are others that do.
L: I would imagine there are quite a few of them.
Gene: There’s not that many Internet-based programs yet. There’s KSEX Radio which broadcasts seven days a week. There’s DP Tonight, no longer the Tera Patrick Show.. That’s on every other Tuesday. There’s a weekly show called The Sports Swami. It’s not hosted by performers but features girls from the industry.
L: Okay. She was wondering and I’m wondering if you would be willing to testify for her at her arbitration.
Gene: I would have to know what questions are involved. Because I may not be in a position to answer some of this stuff.
L: I’d be more than happy to tell you what they’re going to be. I’m not trying to put words in your mouth.
Gene: But this is putting me in an awkward position.
L: I guess one of the things we need is an “expert” in the adult entertainment industry.
Gene: I see.
L: Of which I would think you’d be one, frankly. I need someone who’s aware of the industry and covers the business. We need someone who can speak to the issue of whether what she did was something unique, unusual or extraordinary.
Gene: If you want me to make a case for that I really can’t because as far as being unique and extraordinary, each girl is in her own right by dint of her personality. She was performing the duties of a contract girl.
L: Right. I know that. I’m agreeing with you. I don’t think what she did was unusual, unique or extraordinary – I’m with you and so is the judge in our case. Frankly, he was not persuaded that her services were unique, unusual or extraordinary. Not to say that she’s not beautiful and successful. .
[The attorney goes off on an Olivia Newton-John tangent.]
L: I guess I’m asking if you would feel comfortable testifying.
Gene: No I wouldn’t. I really don’t think I can help your case and I don’t want to say anything that would jeopardize it.