When someone monetizes their artistic content on OnlyFans, registering it for copyright protection with the U.S. Copyright Office is their first step to ensure the content is owned and managed by them. If they use an original logo or slogan, they need to register it with the United States Patent and Trademark Office to protect their property, too. If someone takes a screenshot of the content or copies the logo and posts it as their own, or if they pay for access to restricted content and disseminate it for profit, they are stealing and repurposing someone’s artistic product. This is a violation of copyright or trademark law.

OnlyFans is an online platform that hosts content, from original songs to adult videos, but the uploader is still in control. Only they can distribute it, use it as they see fit, and monetize it. But does OnlyFans have any part in stopping a user or other creator from stealing that work or  is it just a passive resource?

In fact, its owners do have responsibilities to creators. OnlyFans management can seek representation in Boca Raton to ensure they are playing by the federal and state rules.

OnlyFans and the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (“DMCA”) of 1998 was enacted to protect online platforms like OnlyFans when content it passively hosts is subject to copyright infringement by other users. The DMCA considers the content creators because OnlyFans must take certain precautions and enact certain protocols to protect them, too, which is more easily facilitated through legal representation in Boca Raton.

OnlyFans Policies

To enjoy protection under the DMCA, OnlyFans must implement policies that kick in when it receives notice that infringing content has been found. They must terminate repeat infringers’ accounts and permit technical measures content owners use to identify and protect their copyrighted work. OnlyFans outlines on its site how creators can report infringement and moves quickly to take down copycat material. Protocols are monitored by both automated systems and human investigations.

What an Attorney Can Do for OnlyFans Management

Once content creators report to OnlyFans that their content has been infringed upon, an intellectual property attorney can accomplish the following for OnlyFans management:

  • Draft a DMCA takedown notice for OnlyFans to remove content that is infringing on copyright or trademark-protected content owned by another creator
  • Send a cease-and-desist letter threatening legal action to an OnlyFans user who is unlawfully profiting by displaying and monetizing another creator’s copyrighted content
  • Oversee a civil action against the infringer
  • Communicate with OnlyFans management to update policies as needed and comply with those already in place

Criminal actions for stealing adult content in Florida is commonly a case of revenge porn. These actions are instigated by the state, but if a user posts it on OnlyFans without the subject’s consent, an attorney could represent OnlyFans management in any legal issues that follow.

Resolve IP Issues with OnlyFans Management Representation in Boca Raton

It is much easier to steal or upload copyrighted and trademarked content on the internet than in real-world commerce. As more people figure out how to monetize selling their creative work, such as how writers, singers, artists, and photographers use OnlyFans, more thieves will figure out how to utilize it.

OnlyFans and other online platforms have duties under the Digital Millennium Copyright Act to assist creators on their sites to stop those who infringe on copyrighted and trademarked material. Maneuvering in an industry that grows and changes daily requires OnlyFans management to seek legal representation in Boca Raton. Call now for a review and to consult about your business practices.