OnlyFans is a subscription-based platform where users pay to consume exclusive content produced by independent creators. The website became famous due to its focus on intimate content, which also leaves plenty of room left for controversy.
In this article, you will find an overview of the legal aspect of OnlyFans content and how it is treated under US intellectual property law.
Does OnlyFans Protect Content Creators from Leaks and Misappropriation?
Considering the explicit nature of most of the content posted on the platform, OnlyFans has a robust list of rules intended to prevent potential leaks and hinder the misappropriation of private content.
The website’s Terms of Service expressly read that users do not have authorization to “reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material” posted on OnlyFans.
The only possible exceptions are files automatically stored in the cache by the web browser and screenshots or downloads of certain contents for personal use. Any type of commercial use of exclusive content is prohibited under OnlyFans rules, which encompasses the “reproduction, publication, or distribution.”
Depending on the specifics of the situation, the infringer may also have to return or destroy any copies of the materials that were unlawfully appropriated from the website.
However, simply banning the infringer and requesting the return or destruction of the copies obtained in the process may not be sufficient to compensate for the damage incurred to the content creator.
If the victim has been injured by the infringer’s actions, it is possible to seek legal action according to the particularities of the case.
OnlyFans Intellectual Property – Legal Remedies & Protection Tools
When someone steals content from OnlyFans, the injured party has different options to react to the infringement. Before filing a lawsuit in court, most content creators may opt for sending a DMCA takedown notice to the infringing party.
The Digital Millennium Copyright Act (DMCA) was signed into law on October 28, 1998, to criminalize the unlawful production and dissemination of technology, devices, and services seeking to trespass controlled access to copyrighted content.
Another alternative is a cease-and-desist letter requesting the infringing party to stop perpetrating the misconduct. If these measures are not sufficient, the only solution is to file a civil or criminal lawsuit.
An excellent way to protect the content posted on OnlyFans is to register the images, videos, and other types of applicable content with the US Copyright Office. In such cases, the victim can prove that the content has been stolen and sue the infringing party for the damages incurred.
Whether you have been a victim of content leaks on OnlyFans or want to prevent possible misappropriation of private content, the best approach is to work with a well-versed intellectual property attorney.