OnlyFans Legal Concerns

Our Dallas intellectual property lawyers work with individuals to help protect their creations and content, as well as minimize the risk of legal disputes. 

Protecting Your Content On OnlyFans

What Are The Legal Concerns Regarding OnlyFans?


OnlyFans has become a popular subscription service where content creators earn compensation from fans who subscribe to their page. The content posted is typically explicit in nature which the creators retain most of the income generated. However, this increases the likelihood of problems arising. Legal issues regarding misappropriation of photos, copyright infringement, unauthorized uploading of material through fake accounts as well as cyber-bullying or harassment have all become troubles that creators are facing.


The Creation of Fake Profiles on OnlyFans

The creation of fake profiles is a serious legal issue associated with social media sites. A fake profile breaches your rights to your own name and the ways in which you portray yourself. In addition, these profiles are generally created to misrepresent individuals and often leak material without consent.


Fraud Due to a Fake OnlyFans Profile

Unfortunately, you may not be the only person impacted by the nature of a fake profile. Fans and followers can be subjected to blackmail and other actions seeking financial information. If the scammers have gained access to anyone’s personal details and data, it is best to contact an attorney before they use it for nefarious purposes. It’s also important to note that if you find yourself suspect of a scam, you should change your passwords and gather any evidence of communication between you and the scammer.


Copyright Infringement: OnlyFans Legal Issues

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

Someone that is in violation by publishing material or distributing content without consent from the creator is in violation of OnlyFans’ terms of service. The website does state that if someone is found violating the terms, they will be banned from the site, and all material will have to be returned, but sometimes that is simply not enough, and further legal action is required. 


Cyber-Bullying

Content uploaded to OnlyFans should only be from those that are 18 years and older and should only be placed on the platform by the person themselves or with their consent. If it is found that the uploading of content is done without consent, it is considered a form of cyber-bullying and is against the site’s terms. Such bullying and harassment can take many forms. Although in some cases, cyber-bullying might not be viewed as a crime, in most states, it is punishable and criminal action can be pursued. The violation of intimate privacy is a serious offense and should be handled accordingly.

Online harassment of any kind is not something that should be taken lightly. If you find yourself the victim of online harassment, the attorneys at Wilson Whitaker Rynell are ready to advise you in your case. 


Representation in OnlyFans Legal Issues and Other Disputes

At Wilson Whitaker Rynell, our full-service ensures that whatever your legal difficulty, our team will provide adequate solutions to fit your need. Our team provides expert assistance in most legal cases pertaining to intellectual property. Contact our firm today for a resolution that is tailored to your individual circumstances.

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A person is holding a cell phone in front of a book titled artificial intelligence
By John Wilson February 19, 2025
Copyright and Translated Content: Who Owns the Creative Rights? Understanding Copyright Law and Translation Copyright law protects creative work and bestows sole authority over the work upon the creators. For example, the owner of the work of a novel has the right over the work under the concept of the right under the copyright. Courts have found that “the degree of protection afforded by the copyright is measured by what is actually copyrightable in the publication and not by the entire publication.” See, e.g., Dorsey v. Old Sur. Life Ins. Co., 98 F.2d 872, 873 (10th Cir. 1938) (emphasis added). For translations, the situation is not very clear. Translations involve creative judgments over word translation and not the translation of mere words. Hence the knowledge about the applicability of the concept of the right over the work is essential for establishing the right over the work. For example, a Court in the Northern District of California stated that: “ the determinative question is whether Plaintiff holds a valid copyright. ” Signo Trading Intern. Ltd. v. Gordon, 535 F. Supp. 362, 363 (N.D. Cal. 1981). The Signo Trading Court dismissed Plaintiff’s infringement claims because plaintiff did not have a valid copyright as a matter of law in the translations and transliterations at issue because they lacked the “requisite originality.” Id. at 365. Can Translation Be Considered a Creative Process? The Practice of Translating Translation goes beyond the replacement of one word by the equivalent word from the source text. Translating literary work, poetry, and fiction with deeper meanings beyond the surface text is a complex, artistic process. Translating books like The Iliad, for instance, requires the practice of artistic translation to translate the emotions, thoughts, and the culture correctly. Technical Translations and Legal Translations Conversely, technical writing and texts for the law need less creativity and instead value correctness over all else. These writing forms require strict adherence to the original sense, leaving very little room for artistic interpretation. Translations for these writing forms thus typically involve less creative contribution and less potential for the work being protected by copyright. Why Is Creativity Important for Translations for Copyright? Originality when translating For a work to be subject to copyright, some creativity, however slight, is essential. Even when the translation is taken from the work, the translation also includes some creative work by the translator. This creativity can make the translation subject to copyright. A derivative work must “recast, transform[], or adapt[]” a preexisting work and “consist[] of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.” Id. In other words, it must change or alter the pre-existing work’s content and must itself be an original work of authorship. The Supreme Court stated that “ [t]he sine qua non of copyright is originality ” and that “ [t]o qualify for copyright protection, a work must be original to the author. ” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991) at 345. “Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.” Id. (citing 1 M. Nimmer & D. Nimmer, Copyright §§ 2.01[A], [B] (1990)). In granting a Rule 12 motion to dismiss, the Signo Trading Court held that: " It is inconceivable that anyone could copyright a single word or a commonly used short phrase, in any language. It is also inconceivable that a valid copyright could be obtained for a phonetic spelling, using standard Roman letters, of such words or phrases. Although lists of words and translations of larger works may be copyrightable, Plaintiff cannot claim credit for any of the elements which make those things copyrightable. For these reasons, Plaintiff does not hold a valid copyright on the translations or transliterations ... " Signo Trading, 535 F. Supp. at 365. The Problem of the Derivative Work However, translations are generally "derivative works" - derived from the work of another. Because of this, the owner or author of the work is generally required to agree to the translation. Translations made illegally can be held under the classification of copyright violations, even when the translator has added creative elements. Who Has the Right over the Translated Work? Employer-Commissioned Translations Ownership of the copyright for the translation work varies. If the translation is commissioned by the owner of the original work, the owner will retain the right. Even when the translator adds creativity by passing over the original emotions and thoughts, the owner will not necessarily lose the right over the translation work. In some circumstances, the translation work can be accredited by the translator without them holding the right over the work. Independent Translations If a translation is performed independently by the translator, the translator can even be identified as the co-author of the translation. Nevertheless, the author typically has the underlying copyright, restricting the translator’s right over the work. Creative Translations from the Public Domain In certain cases, a translation may be creative enough to warrant its own copyright. For example, a translator adapting a classic work or a book in the public domain into modern language may introduce enough originality to qualify for copyright protection. However, direct, word-for-word translations are typically not considered original enough to receive new copyright protection. What About Machine Translations? The Human Creativity Copyright Requirement Machine-generated translations, including those produced by platforms like OpenAI , operate through advanced algorithms that replicate language patterns rather than capture the human touch. Unlike translations crafted by human translators who often infuse cultural insight and genuine emotion into the work, OpenAI's output is rooted in statistical patterns and data. Consequently, while these translations are impressively efficient and accurate, they typically fall short of the originality required for copyright protection. This distinction underscores the human creativity requirement needed to secure a valid copyright . Ultimately, although machine-generated translations serve as powerful tools, they do not offer the same legal and creative protections as those provided by human translators. The Bottom Line: Navigating Copyright in Translations Translations occupy the middle ground under the law of the copyright. Albeit the right of the original author generally has the right under the copyright, the right under the copyright can also be claimed by the translator provided the translation is creative enough. Central considerations here include the creativity the translator has added, the nature of the work being translated, and whether the work is under the public domain. These considerations establish the right of the owner under the copyright for the translation. Why Wilson Whitaker Rynell for Your Copyright Work? At Wilson Whitaker Rynell, our professional lawyers specialize in the practice of copyright law and copyright litigation , including the complex subject matter of translation work. We can provide you with advice about the ownership of your work under the provisions of the copyright, and protect your creative property. If you are the author, the publisher, or the translator, you can rely upon the advice from our firm. Copyright Translation FAQS
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