OnlyFans Legal Issues: Copyright Law, Fake Profiles and Cyber-Bullying

OnlyFans is a popular content subscription service where content creators earn money from fans who subscribe to their website. It is a service where subscribers can receive personalised videos from their favourite performers and often involves content of an explicit nature. The OnlyFans business model allows the content creators to retain most of the income generated. It has grown hugely in popularity during the Covid-19 pandemic, however, this also brings the increased likelihood of problems arising. Legal issues can arise relating to the leaking of photos without the consent of the creator, copyright infringement of photos/videos or other content, the unauthorised uploading of material through fake accounts and cyber-bullying or online harassment.

At Schlun & Elseven Rechtsanwälte our intellectual property and media lawyers are here to help. Our lawyers will support you in any legal disputes arising from OnlyFans legal issues such as copyright disputes, intellectual property legal matters, cyber-fraud and much more. Finding tailored solutions to legal issues is one of the central keystones of our firm’s philosophy. Allow our team to examine your case and advise you how best to proceed. Contact us now using our contact details below.

The Creation of Fake Profiles on OnlyFans

The creation of fake profiles is one of the most serious legal issues associated with social media sites and other such platforms, including OnlyFans. The creation of such fake profiles breaches your rights to your own name and your right to how you portray yourself. Fake profiles of real people are often created to misrepresent the individual and to provide an unflattering picture of them. They can often be used to leak material without the consent of the individual or to leak unflattering material and claim it is that of the individual portrayed.

Our lawyers will work with you when determining the best course of action, such as deleting the profile and drafting cease and desist letters. We can support you in discovering the responsible party and ensuring that they never create another fake profile of you again. Our lawyers will outline which legal actions can be taken for more serious cases where the fake profile has caused damage to your reputation or other personal rights. Should the matter be brought to court, we will be by your side overseeing the case and will represent you comprehensively to help you gain compensation.

We would advise you to print off examples of the fake profile or take some screenshots to aid our lawyers. These will be useful as evidence. Should the fake profile involve photos or videos that lead you to believe that stalking or cyberstalking may be involved, please contact our lawyers for further advice. Under § 238 German Criminal Code, stalking is a criminal offence, and the perpetrator can be imprisoned should they be guilty of the offence.

If you have contacted the fake profile and they have sent back threatening remarks, this can also be a criminal offence under § 241 German Criminal Code and once again should be taken very seriously.

Fraud due to a Fake OnlyFans Profile

Of course, it is not the person represented who can be a victim due to a fake profile; fans and followers can also be the victims of fraud. The creation of fake profiles on platforms is often linked with blackmail and the seeking of credit card details. Should you have been the victim of such an online scam, it is vital to contact a lawyer as soon as you notice the scam. If the scammers have gained access to your personal details and data, they may be able to use it for nefarious purposes. Also, should you suspect a scam, please make sure to change your internet passwords, gather evidence of communication between you and the scammer and record all the facts.

Once you have engaged our services, our lawyers will work with you to uncover the identity of the scammer, outline what steps need to be taken and represent you in court should the matter reach the courtroom. We will support you throughout the case. Our page “Anti-Scamming Lawyer in Germany” provides more detail about online scams and actions which can be taken.

Copyright Infringement: OnlyFans Legal Issues

The Terms of Service on OnlyFans states the following: “…do not do anything that violates our or someone else’s rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.” Although the content creator owns the intellectual property rights of their content, they have granted OnlyFans “a license under all your Content to perform any act restricted by any intellectual property rights”.

A person violating the terms of service by publishing the material or distributing it without the consent of the creator is acting in violation of OnlyFans’ terms of service. Although seeing the person responsible banned from the platform or having to return the material in question, in some cases, other legal action needs to be taken. Our copyright lawyers will help you determine the best action to take in such cases, including seeking damages for the actions taken. Contact us now if you require advice from experts in the field.

Cyber-Bullying, Dangerous Comments, Internet Platforms and OnlyFans

Any explicit content uploaded on OnlyFans should be from those over the age of 18, and it should be placed on these platforms either by them or with their consent. The uploading of such material without a person’s consent or knowledge is a form of cyber-bullying and is against the website’s terms. Additionally, content creators and performers on OnlyFans and other websites can face cyber-bullying, online harassment or cyber-stalking.

Online harassment is not a matter to be taken lightly as it can lead to serious problems if not dealt with strongly. Should you find yourself as the victim of unjustified comments or online harassment, our lawyers will advise you on your rights under German defamation law and will support you in your case.

Such bullying and harassment can take many forms. Although cyber-bullying itself is not listed as a criminal offence in German law, there are means by which criminal action can be pursued. As well as defamation and stalking, there are provisions in the German Criminal Code for insult (§ 185 StGB), violation of the privacy of spoken word (§ 201 StGB), violation of intimate privacy by taking photographs or other images (§ 201a StGB) and the threatening of a commission of serious criminal offence (§ 241 StGB). Allow our lawyers to determine whether you can pursue a case in any of these areas.

Representation in OnlyFans Legal Issues and Other Disputes

At Schlun & Elseven Rechtsanwälte, our full-service ensures that whatever your legal difficulty, whether through copyright infringement, the unauthorised distribution of your material or online harassment, our team will provide the solutions that you need. We provide expert assistance in German criminal law, intellectual property law, media law, defamation law and more, meaning we are perfectly placed to answer all of your legal concerns. Contact us today for tailored solutions suitable to your individual circumstances.

With offices in Cologne, Aachen and Düsseldorf and conference rooms in Hamburg, Stuttgart, Munich, Berlin and Frankfurt, you can take advantage of our support and advice throughout Germany. Additionally, we offer our services in English, German and a range of other languages for smooth communication. Receive comprehensive legal counsel today.