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For many OnlyFans creators, the content posted to the subscription service platform is a primary or sole source of income. Like any other creation or work product, OnlyFans content can be left open to theft by nefarious parties despite the range of safeguards the platform has put in place to protect its creators.
One of the most common questions that creators face is whether you or OnlyFans itself owns the content you post on the website. If you have an account on OnlyFans and want to learn more about your rights or how to copyright the material you post, an experienced OnlyFans attorney could provide legal guidance.
The content that a creator posts on OnlyFans is their intellectual property and can be protected by legal safeguards such as copyright registration. The creator owns the content they post on OnlyFans; the website does not.
However: according to the OnlyFans terms and conditions, the website still has license to perform any act, even those that are limited by intellectual property rights, for the purpose of operating the website. This license also allows OnlyFans to reproduce, distribute, or create derivative works of a creator’s content.
That license continues in perpetuity even if the creator decides to stop posting content on OnlyFans or suspends their account. OnlyFans’ terms and conditions also state that the website can grant a sublicense of the creator’s content to someone else and do not have to compensate the creator for a license.
The website can add text and watermarks to a creator’s content and distribute that content to OnlyFans users. The platform also has the right to send notices of trademark or copyright infringement to third-party entities that may be knowingly or unknowingly distributing this content illegally.
Just because the website affords the OnlyFans creator intellectual property rights to their content does not mean that the creator should overlook vital legal protections. For example, copyright registration for OnlyFans content can ensure that creators have multiple forms of legal recourse at their disposal if infringement occurs.
If a creator’s OnlyFans content is subject to a registered copyright, they can take steps to get the content removed from the internet if another party illegally copies, distributes, or publishes their work. A creator with a registered copyrighted content can also initiate litigation against the infringing party.
This litigation could take the form of a civil lawsuit for copyright infringement, as well as invasion of privacy. Various forms of injunctive relief, as well as statutory damages, may be available depending on the case.
If a fan or someone else has distributed your OnlyFans content without your consent, they are not only violating the platform’s terms and conditions, but may have committed copyright infringement. An attorney can send a cease-and-desist letter to get the content removed, while also advising what other legal recourse may be available.
Even if your content is not subject to a registered copyright, you could still have a range of legal options at your disposal. Lomnitzer Law can help you register your copyright, and potentially file a civil action against the perpetrator for damages, attorneys’ fees, and injunctive relief. Contact our office today to speak with an intellectual property attorney about your specific OnlyFans case.
