OnlyFans leaks
Take legal action if your adult content has been misused
If you are a content creator in the self-produced adult content (‘SPAC’) space – whether on OnlyFans (or its competitors like Fansly or Manyvids) or on ‘cam’ platforms, you are bound to have some concerns about ‘leaks’ of your content. There are several concerns that SPAC creators generally have about the unlawful reproduction of content on the fast-growing ‘secondary market’. Hastened, perhaps, by ‘the Fappening’ in 2014, there has been an extraordinary explosion of consumers of SPAC screen recording or downloading content for the purposes of republishing it off platform.
These ‘leaks’ typically raise one or more of the following issues for creators: –
- The content being available for free, can have the effect of reducing the value creators offer their subscribers and potential subscribers. If the content is available for free, at least some (and perhaps most) potential subscribers will choose the free option.
- If the content is usually only available behind a paywall, then republication on the secondary market without one can bring it to the attention of audiences far wider than the creator may have intended or wanted. This increases risk for those creators who are not open about working in this area, whose friends, family members, or acquaintances may be more likely to stumble across it.
- The secondary market is rife with websites that operate forums in which members sleuth and study to try to find the real identity of creators, and ‘out’ them as SPAC creators. This can – and often does – lead to names and social media handles being ‘tagged’ to unlawfully reproduced content, which can result in the content appearing in search engine results for the creator’s name, even when no content has ever been published under that name. This is often the most distressing type of ‘leak’ or misuse of SPAC.
What can be done?
What can be done largely depends on the nature of the leak, the location of the material, and the objective the creator is pursuing. While nothing can be guaranteed, there are broadly four options that can be pursued:-
Deindexing
Having material wrongly linked to a real name or personal social media handle from search engine results is often the most important option to consider. While it does not remove the content itself, it helps to prevent a creator’s content leaking into their personal life.
Removal from secondary market sites
Secondary market sites all operate in an unlawful way to some extent. Whether that is turning a blind eye to rampant copyright infringement, providing a platform for paywall evasion, or even aiding in the republication of revenge porn. Secondary market sites range from “somewhat upstanding” (for example, having reporting and removal processes which are actually effective) to the totally abusive (hiding the operator’s identity to evade legal consequences). Direct removals are therefore sometimes an effective option if the leak is confined to the more upstanding sites.
Copyright infringement claims
For a particularly successful creator seeing very many prospective subscribers diverted by republication on the more upstanding secondary market websites, a copyright infringement claim could be one way to seek to claw back some lost revenue, though the upfront costs can be high.
Identifying a stalker
Unfortunately, for some smaller volume creators, the root cause of the issue is often one subscriber who has developed an unhealthy obsession. Sometimes it is possible to unmask the person uploading the content to the secondary market sites (sometimes with the site’s cooperation) to attempt to hold that person accountable. This can have the added benefit of stopping the content being reproduced.
The most important thing to do when tackling leaks in this field is to have a clear and cohesive strategy, and not to panic. To learn more about how we can help you deal with leaked content, get in touch to arrange a preliminary consultation.
How do I instruct Brett Wilson?
The first step is to attend a preliminary consultation. At the consultation we will advise you on the strength of your case, talk through the relevant practical and legal issues, and set out your options. We will review relevant documentation ahead of the consultation. The consultation will help you understand your position and allow you to make an informed decision about what action to take.
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Consultations take place in our London offices or by Teams/Zoom/telephone. We can also travel to you.
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To request a consultation please send us an email, complete our online enquiry form or call us on 020 7183 8950.
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Details of the cost of a consultation will be provided following your enquiry.
We regret that we are unable to review your case, consider papers or provide advice prior to a consultation or without being formally instructed. We do not offer alternative funding arrangements.