Revenge Porn Victim

In recent times, many young women have started using applications like "OnlyFans" to earn a second income. Or it may be their sole source of income. Users of the "OnlyFans" app can pay to watch premium "material," most of which is on the explicit side. What happens if one of your "fans" releases your nude images or videos without your consent? Can you file a lawsuit? Are you a revenge porn victim? Read on to learn more.

"OnlyFans" has intellectual property rights.

The "OnlyFans" Terms of Service state that "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.” 

Therefore, violating the OnlyFans terms of service would result in losing the right to use their website. Also, you must return or destroy any copies of the materials you have made. Taking content from a user on the website and publishing or distributing it elsewhere violates their terms.

However, if your stolen work is still being housed elsewhere, just banning a user from the website and asking them to return copies of the contents may not be enough of a remedy.

So what legal actions are available to you if you are a revenge porn victim? Read on to learn more.

What If Someone Accuses Me of Engaging in Revenge Porn?

Currently, nearly all 50 states have some form of laws against revenge porn. Most states make it a criminal offense if the person did it with the intent to harm the victims of nonconsensual pornography. 

Therefore, if you have been charged with this crime, contact an Internet Revenge Porn Attorney at the Law Office of Mark Nicholson.

What is Revenge Porn?

"Revenge Porn," sometimes referred to as nonconsensual pornography, is when a sexually explicit image is shared without the subject's knowledge or consent. This is commonly called revenge porn. There are both civil and criminal laws have been broken when someone engages in revenge porn.

Depending on your state, different laws apply to revenge porn. Some states have laws against revenge porn, but not all of them. For instance, under Indiana Code Section 35-45-4-8(d), dubbed the “revenge porn law,”—which criminalizes the non-consensual distribution of an “intimate image,” is a misdemeanor and can result in up to a year in jail and a $5,000 fine. If there is a prior conviction, then the prosecutor could charge you with a Level 6 felony, resulting in prison up to 2.5 years and a $10,000 fine.

New Federal Law

Although several have been proposed, no explicit federal legislation about revenge porn was passed until March 15, 2022. The Internet Privacy Protection Act, a law that was filed in Congress, has encountered First Amendment issues. In a similar vein, Arizona passed a law outlawing revenge porn, but it was overturned for infringing First Amendment rights and being too broad. There are various legal paths you can use to sue someone for disseminating revenge porn, depending on the state in which you reside.

However, on March 15, 2022, Congress authorized a federal civil claim related to the disclosure of intimate images as part of the Consolidated Appropriations Act, 2022. The new legal cause of action, which takes effect on October 1, 2022, marks the first federal law targeting the unauthorized dissemination of private, intimate images of both adults and children—images commonly referred to as “non-consensual pornography” or “revenge porn. Once this law takes effect, there will be a federal avenue for revenge porn victims to get relief.

Invasion of Privacy

Similar to the rules against revenge porn, there are also prohibitions against invasions of privacy. An invasion of your privacy occurs when there is a breach of your reasonable expectation of privacy. One can counter that, especially in light of the website's Terms of Service, a user contributing exclusive content to "Only Fans" would reasonably anticipate that their content would not be copied or distributed elsewhere. Leaking information from "Only Fans" might therefore be seen as a form of invasion of privacy. Is this kind of platform unique to "Only Fans"? The grass isn't always greener on the opposite side, though, so no, it isn't.

Pocketstars

The newer internet content subscription business, Pocketstars, can have legal problems, such as leaks, harassment, and infringement. One of the safest websites for safeguarding content creators is Pocketstars, and fellow adult content maker Elle Brooke founded it. The new adult website is also gaining popularity since it now accepts cryptocurrency payments for more "hardcore" content.

While Pocketstars and OnlyFans are very similar, there are some significant distinctions. For instance, OnlyFans charges 50% less for a subscription than Pocketstars, which has a minimum subscription fee of $40. Additionally, creators are highlighted on the website's "Explore the Stars" page, and Pocketstars provides free advertising images. The new website also takes pleasure in prioritizing content creators, whereas OnlyFans has drawn criticism for neglecting to safeguard its authors.

Terms of Service

Their terms of use are another distinction between the platforms. In order to make their conditions easier to understand, Pocketstars has taken the initiative to describe the rights of content creators and consumers in plain language, as opposed to OnlyFans, who has opted to go with the standard legalese.

The company OnlyFans is situated in London. However, they make it clear that they respect the intellectual property rights of copyright holders. OnlyFans has willingly complied with the DMCA's Notice and Takedown requirements.

The terms of service for Pocketstars make it clear that the creator retains full ownership of their content. The policy continues by explaining how Pocketstars, like OnlyFans, have been given non-exclusive, royalty-free permission to use the creator's content. According to the policy, each user of the site is granted a non-exclusive, royalty-free license to access artists' submissions through the website and see them as long as they are authorized by the website.

Both websites make it clear that before distributing content outside or with third parties, users must obtain the creators' express written agreement. Unfortunately, we frequently observe creators on Pocketstar who are harassed and victimized by leaks, copycats, copyright violations, and leaks. If this occurs, the lawyers at the Law Office of Mark Nicholson are skilled at protecting and supporting your interests. Contact us immediately if you have legal concerns about being a revenge porn victim.

What if "Only Fans" Get Access to My Private Photos?

DMCA

Only Fans' terms of service include a section on DMCA takedowns in addition to their position on intellectual property rights. You can file a takedown request under the Digital Millennium Copyright Act if your content is used without your permission. Visit our blog to find out more about DMCA takedown requests.

How to Register Your Online Content's Copyright

You can use the U.S. copyright office's online registration to register a copyright for content you've contributed to websites. This will demonstrate that content housed on OnlyFans or other websites is being used without your consent.

Indiana Internet Revenge Porn Attorney

Get in touch with a knowledgeable Internet Attorney at the Law Office of Mark Nicholson. We can help if you have been charged with revenge porn or are a revenge porn victim. Also, contact us if someone has published your content or personal information without your consent. We know how to work with web content removal services and file lawsuits for damages.

Law Office of Mark Nicholson

7007 Graham Rd., Suite 102-A

Indianapolis, IN 46220

317-667-0718

Note: Our company is not associated with the brand "OnlyFans," or "Pocketstar.”