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petitioner wrote an 18,000-word draft of this basic story line,
which he submitted for copyright protection in June.4 In order
to authenticate the story and develop characters for the book,
petitioner visited numerous legal brothels in Nevada by acting as
a customer for prostitutes.
In a journal describing his experiences at the brothels,
petitioner recorded the brothels he visited, the dates (and
sometimes the hours) of his visits, the prostitutes he met, and
the amount of cash he paid each one. For each entry, petitioner
wrote about his visit with the prostitute and about the happen-
ings at brothels in general. For example, he described the
manner in which he selected her, the house rules of the brothel,
the manner in which he negotiated a price for her time, their
dialogue, and the type of clothing worn by her. He also included
personal information on the prostitute, including her age,
physical characteristics, city or State of residence, religious
background, ethnicity, level of education, and the name and age
of her offspring, if any. The journal indicates that, at some
point during these meetings, petitioner told the prostitutes that
he was writing a book about Nevada's legal brothels and that he
wished to use them as characters in his book. The journal shows
that, during 1993, petitioner spent, on average, 3 days per month
4Petitioner's two previous works, "Lightning at Dawn" and
"Boys and Girls Together", were also copyrighted in 1993.
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