My OnlyFans Was Leaked And I Need An Attorney!

As technology continues to advance, many people are turning to applications such as ‘OnlyFans’ for additional income or even their primary source. ‘OnlyFans’ is an app created for users to pay for exclusive “content,” typically geared on the explicit side of things. The account holder begins by uploading private photos and videos of themselves for a price, but what happens if one of your “fans” leaks your nude images without your permission? Are you able to sue? The short answer is yes.

Intellectual Property Rights on ‘OnlyFans’

According to the ‘OnlyFans’ Terms of Service, “You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows: you may store files that are automatically cached by your Web browser for display enhancement purposes; and you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.”

In other words, if someone were to take content from a user on ‘OnlyFans’ and turn around and post it elsewhere, they would be in violation of the terms of service. The user’s “right to use the Website will end immediately and you must, at FIL option, return or destroy any copies of the materials you have made,” according to ‘OnlyFans’ terms of service. This does not mean that all victims will receive the results they’re hoping for because simply banning a user from the website and expecting them to return copies of the materials may not be enough if the stolen content is hosted somewhere else. The next thing would be to find out what legal action can be taken?

Revenge Porn and The Law

When non-consensual pornography, also known as revenge porn, has occurred due to someone sharing a sexually graphic image without the consent of the person, it becomes illegal and is in violation of civil and criminal law. Different revenge porn laws exist depending on what state you are in, and not every state has revenge porn laws, but many do. Even if there are no specific federal laws regarding revenge porn, they have been proposed. Regardless, depending on the state you reside in, there is a route that can be taken to sue someone for distributing revenge porn.

Invasion of Privacy

A route similar to revenge porn laws that can be taken legally is the invasion of privacy law. Invasion of privacy is when your privacy has been intruded upon when you have the expectation of being left alone. For example, the user may argue that due to the ‘OnlyFans’ terms of service, they believed their content would not be stolen or distributed anywhere else. This, in return, makes the sharing of one’s personal content on ‘OnlyFans’ an invasion of privacy.

What if my Private Photos are Being Leaked Onto ‘OnlyFans’?

Digital Millennium Copyright Act (DMCA) and OnlyFans

In addition to the stance on invasion of privacy, ‘OnlyFans’ has a section in the terms of service that addresses DMCA takedowns. DMCA is the Digital Millennium Copyright Act that enforces any person who knowingly makes material misrepresentations in a notification of claimed infringement or a counter-notification to be liable for the damage. If your private content is being posted without your consent on ‘OnlyFans,’ then you are eligible to submit a takedown request under the DMCA. ‘OnlyFans’ has a form on their website that you can use.

How To Register a Copyright For Your ‘OnlyFans’ Content

Suppose you are interested in registering a copyright for your private content that is posted on ‘OnlyFans’ or to provide proof of content hosted on ‘OnlyFans’ being used without your permission. In that case, you are able to do so online using the U.S. copyright office’s online registration process. If you have found yourself a victim of private content being leaked from ‘OnlyFans,’ please do not hesitate to contact our firm. Our attorneys are experienced and ready to help you remove the content as quickly as possible and sue for the damages.