OnlyFans: Protection of Personal Rights and Copyrights under German Law

OnlyFans is a social network with a paid content model operated by Fenix International Limited. Users have to register and can then upload content, interact with other users and purchase subscriptions. In contrast to platforms such as Instagram, TikTok or Facebook, where content is generally available for free, OnlyFans offers its profile owners the opportunity to make their – usually adult – content available in return for payment.

Monetisation is achieved through various models:

• Subscription models: Fans pay a monthly fee to access the content of a profile.
• Pay-per-view (PPV): Individual pieces of content are unlocked for a separate fee.
• Tips: Users can make additional voluntary payments.

In addition to OnlyFans, comparable services such as Fansly, Fanvue, Patreon, and Playboy Centerfold offer similar monetisation models.

The publication and distribution of content on platforms like OnlyFans is subject to numerous legal regulations in Germany. While OnlyFans, as a private platform, sets its own terms of use, these do not override the applicable provisions of German criminal law, copyright law, and privacy rights.

Legal issues can arise in Germany concerning identity theft, the unauthorised distribution of protected content, or digital defamation. However, those affected by such misuse under German jurisdiction have clear legal remedies. Victims can take legal action against the misuse of their identity, the non-consensual distribution of their images and videos, and any reputational harm caused by such acts.

The unauthorised distribution of intimate content that invades an individual’s privacy is punishable under several key provisions of German law:

• Section 201a StGB (German Criminal Code) – Violation of the most personal sphere of life through image recordings – In Germany, the unauthorised creation or dissemination of images or videos from an individual’s private life is a criminal offence.
• Section 22 KunstUrhG (German Art Copyright Act) – Right to One’s Own Image – Under German law, images and videos of a person may only be shared or published with their explicit consent.
• Sections 186, 187 StGB – Defamation and Libel – If intimate content is used to harm someone’s reputation—e.g., by attaching it to fake profiles or spreading rumours—criminal liability for defamation or false accusations may apply.
• Sections 240, 253 StGB – Coercion and Extortion – Using intimate material to threaten, blackmail, or coerce a person is a punishable offence in Germany.

The creation and use of fake profiles on platforms like OnlyFans can constitute serious legal violations under German law. Not only can the person whose identity is being misused be considered a victim, but also third parties—such as fans or followers—who are deceived by the false representation. This is particularly relevant in online fraud cases, where fake accounts are used to solicit money, credit card details, or personal data.

Key legal provisions in Germany include:

• Section 263a StGB – Computer Fraud – In Germany, computer fraud can be prosecuted by using fake profiles to mislead or defraud users (e.g., by requesting payment or sensitive data).
• Infringement of Personal Rights (Allgemeines Persönlichkeitsrecht): The unauthorised use of a person’s name, image, or identity for a fake profile may lead to civil claims for injunctive relief and damages under German civil law.
• Trademark and Naming Rights (Namensrecht / Markenrecht): In some cases, impersonating a well-known individual or creator can violate German trademark law or the right to one’s own name under § 12 BGB (German Civil Code).

Deliberately insulting, harassing, or defaming others on OnlyFans or other digital platforms can result in criminal liability in Germany. Victims of online harassment, false accusations, or reputation attacks are protected under multiple sections of the German Criminal Code:

• Section 185 StGB – Insult (Beleidigung) – Personal insults, offensive messages, or degrading language directed at another person are punishable under German criminal law.
• Section 186 StGB – Defamation (Üble Nachrede) – Publicly spreading untrue statements of fact that harm a person’s reputation is a criminal offence.
• Section 187 StGB – Libel (Verleumdung) – Those who knowingly disseminate falsehoods with the intent to harm another’s reputation can face more severe penalties under this provision.

Under German copyright law (Urheberrecht), the creator of a work—such as a photographer or videographer—is considered the original rights holder (Section 7 UrhG). However, in many cases, the rights to use and publish this content are transferred to the profile owner through licensing agreements. These rights are protected by the German Copyright Act.

On platforms like OnlyFans, viewers typically do not acquire any usage rights but merely a personal right to view the content. As a result:

• Under German law, saving or redistributing content (e.g., screenshots and screen recordings) without permission is prohibited.
• Publishing this content elsewhere—on pornographic sites, social media, or other OnlyFans accounts—constitutes copyright infringement (Section 15 ff. UrhG).
• Profile owners whose content has been copied or sold without their consent can pursue civil claims for injunctive relief, damages, and compensation.
• In Germany, damages are often calculated using the “licence analogy” (Lizenzanalogie) – i.e., based on the fees the original rights holder would have charged for authorised use.

A particularly severe form of violation is the use of fake profiles to sell stolen content as allegedly “exclusive.” Both fraud (Section 263 StGB) and copyright infringement apply in these cases.

If you have been affected by copyright infringement, fake profiles, or fraud on OnlyFans, swift action under German law is essential—especially as content can spread rapidly and perpetrators often remain anonymous.

Steps to take in Germany include:

• Preserve Evidence (Beweissicherung): Secure screenshots, URLs, metadata, and messages. Note the time and context of discovery, any platform responses, and the consequences suffered (financial loss, reputational damage, etc.).
• Report Criminal Offences (Strafanzeige): In cases of identity theft, fraud, or harassment, file a report with the German police or public prosecutor (Staatsanwaltschaft). Legal support can help determine the most effective strategy.
• Seek Legal Assistance: A lawyer specialised in German copyright and IT law can pursue injunctive relief, claims for damages, and even preliminary injunctions (“einstweilige Verfügung”) to stop ongoing harm.
• Contact Platform Operators: Many platforms—including OnlyFans—offer tools to report unauthorised content. A well-formulated takedown notice by a lawyer can speed up removal.

At Schlun & Elseven Rechtsanwälte, our English-speaking lawyers are here to help you. Our team will provide clear and comprehensive assistance at every step of the way—from securing evidence and filing criminal complaints in Germany to enforcing your rights in court or through out-of-court settlements. Whether you are facing copyright infringement, identity theft, online defamation or harassment on platforms such as OnlyFans, we offer swift and effective legal support tailored to your case. Please do not hesitate to contact us to arrange a confidential consultation. We are committed to protecting your rights under German law.