You know the moment.

A subscriber sends a message: “Is this you?” A friend texts a link you never authorized anyone to share. Or you find your own paid content on a piracy site, a subreddit, Telegram, Discord, or a search result.

The panic is real. But panic is not a legal strategy.

Here is what I would tell a creator who called my office: do not pay, do not argue, preserve everything, and start both the removal track and the legal track immediately. The first 48 hours matter because platforms covered by the federal TAKE IT DOWN Act must remove validly reported nonconsensual intimate visual depictions within 48 hours and make reasonable efforts to remove known identical copies.

The law is finally giving creators meaningful leverage. Use it.

This is not “the cost of doing business”

You did not waive your rights because you created adult content. A paid subscription is a license to view content under defined terms. It is not permission to copy, resell, threaten, publish, or distribute that content everywhere else.

What makes nonconsensual distribution wrongful is the lack of consent to the distribution, not the fact that the content is sexual.

I first became more deeply involved in this issue after Sarah Juree, a former school teacher and OnlyFans creator featured in Tubi's Viewer Discretion Advised, reached out and helped educate me about revenge porn and nonconsensual intimate-image distribution in the adult industry. Her experience reinforced something I already believe as an attorney: creators are business owners and deserve practical legal advice, not judgment.

The first 48 hours: your immediate checklist

1. Do not pay

Do not pay the person threatening to post your content. Not once.

Payment confirms that the extortionist has found a paying target. It often leads to a larger demand, then another demand, then another. Do not send money, cryptocurrency, additional images, or anything else they request.

If you already paid, stop now and tell your lawyer. Payment does not automatically destroy your case.

2. Do not negotiate or reply emotionally

Your job is to preserve evidence, not win an argument in a direct message.

Do not threaten the person. Do not promise retaliation. Do not admit facts you have not reviewed. Do not send a long explanation that gives the person more information about your life, family, work, or finances.

Save the messages, then stop engaging unless law enforcement or counsel directs otherwise.

3. Preserve everything

Take screenshots and save:

• The original messages and emails
• Usernames, profile links, phone numbers, and email addresses
• Every URL where the content appears
• Dates and timestamps
• Platform names and subreddit, channel, group, or server names
• Payment demands and cryptocurrency wallet addresses
• Threats to expose you to family members, employers, schools, or clients
• Platform support tickets and confirmation emails

Do not crop or edit evidence in a way that destroys relevant information. Keep the original files whenever possible. Back everything up in two separate places.

This evidence may be used in a criminal investigation, a civil action, a subpoena to identify an anonymous leaker, or a claim against a platform.

4. Identify every location

Search methodically. Look at the platform where you first discovered the leak, then search for copies on:

• Piracy websites
• Search engines
• Reddit and other forums
• Telegram and Discord
• Social media
• File-sharing services
• Fan-subscription communities
• Accounts using your name, stage name, or watermark

Create a list. Do not repeatedly download or forward the material. Document the location and preserve enough information for the platform, police, and your attorney to find it.

5. Send two different removal requests

You should generally use both legal tracks:

1. A platform's nonconsensual-intimate-image notice-and-removal process; and
2. A DMCA takedown notice under 17 U.S.C. § 512, if you own the copyright or are authorized to act for the copyright owner.

These are not the same thing.

The TAKE IT DOWN Act protects your privacy and your right not to have intimate images distributed without consent. A covered platform must provide a clear reporting process. After receiving a valid request, it must remove the image as soon as possible and no later than 48 hours, along with reasonable efforts to remove known identical copies.

A DMCA notice protects your ownership interest in the content. A valid notice generally identifies the copyrighted work, gives the exact location of the infringing material, includes your contact information, states your good-faith belief that the use is unauthorized, includes an accuracy and authority statement under penalty of perjury, and contains your signature. The U.S. Copyright Office's Section 512 guidance provides the required elements and a sample notice.

Do not send a DMCA notice if you do not own the copyright. If a collaborator, photographer, videographer, manager, or agency created the work, your agreement may determine who owns it. That is why ownership paperwork matters.

6. File a police report

Report the leak and the extortion threat, not just one or the other.

Start with your local police department. If you know the suspect is in another jurisdiction, tell law enforcement where that person is located. Preserve the report number and give it to your attorney and the platform if requested.

Indiana's criminal law may apply. Indiana Code § 35-45-4-8 addresses distribution of an intimate image when the distributor knows or reasonably should know the depicted person did not consent. The current version, effective July 1, 2024, also addresses certain computer-generated or digitally altered images that appear to depict the person. A first offense is generally a Class A misdemeanor, while a repeat offense may be a Level 6 felony. The statute contains specific definitions and exceptions, so it must be read in full.

A threat such as “pay me or I will post this” may also implicate Indiana Code § 35-45-2-1, the intimidation statute. The threat does not have to be carried out before the conduct becomes legally significant.

Depending on the facts and interstate communications, federal statutes may also apply, including 18 U.S.C. § 2261A for interstate stalking and 18 U.S.C. § 875(d) for certain interstate threats to injure reputation. Sextortion cases can be prosecuted in state or federal court. When minors are involved, the Indiana State Police Internet Crimes Against Children Task Force and federal partners may become involved. Adult creators should still report immediately to local law enforcement, Indiana State Police, or the FBI as appropriate.

7. If the platform misses 48 hours, report it to the FTC

Do not let a platform's support queue be your only strategy.

If a covered platform does not provide a valid reporting process or fails to remove the reported content within 48 hours, document the date and time of your request, then report the platform through TakeItDown.ftc.gov.

The FTC enforces the TAKE IT DOWN Act's notice-and-removal obligations. Failure to reasonably comply is treated as an unfair or deceptive act or practice. Reported civil penalties have been approximately $53,088 per violation, subject to the applicable penalty amount at the time of enforcement.

8. Get counsel involved early

A lawyer can send preservation letters, demand letters, and subpoenas before evidence disappears. A credible attorney letter ends a meaningful number of these situations. It also puts the platform, agency, manager, or intermediary on notice that the conduct is being treated as a legal matter, not a customer-support inconvenience.

Indiana's civil law gives creators another weapon

Indiana Code § 34-21.5 creates a civil cause of action for disclosing nonconsensual pornography.

Under IC 34-21.5-3-1, an identifiable person who suffers harm may have a claim when someone obtains or creates an intimate image under circumstances indicating privacy, then discloses it without consent with the required intent or reckless disregard.

Under IC 34-21.5-3-2, a prevailing plaintiff may be able to recover economic and noneconomic damages, statutory damages of up to $10,000, the defendant's monetary gain from the disclosure, punitive damages, attorney fees, court costs, and injunctive relief.

In plain English: you may be able to sue the person who leaked the content and pursue the money that person made from exploiting it.

That does not guarantee a recovery. A lawsuit costs money and takes time. A John Doe action to identify an anonymous poster may not make economic sense for a single repost. It may make sense when someone is monetizing your entire content library, repeatedly harassing you, or operating a piracy business.

Protect yourself before a leak happens

You should not wait for a crisis to organize your business.

• Put content and revenue in a business entity where appropriate. A single-member LLC may provide useful separation, but it does not magically protect you from your own misconduct, personal guarantees, taxes, or every lawsuit.
• Keep release documents, collaboration agreements, identity-verification records, and the records required by platforms. If ownership is disputed, you want documents, not memories.
• Watermark content and maintain a posting library so you can identify the source of a leak.
• Register important works for copyright protection where meaningful. Registration is not generally required to send a DMCA notice, but it can matter before filing a federal infringement action.
• Require managers and agencies to sign written agreements covering ownership, takedowns, account access, revenue, and what happens when the relationship ends.
• Use unique passwords and two-factor authentication everywhere.
• Treat your creator accounts as business accounts because they are.

The person responsible is often not a random stranger. It may be an ex-partner, a subscriber, a manager, a former employee, a platform intermediary, or someone who obtained a password. Preserve evidence before making assumptions.

What not to do

Do not send more content to someone demanding money. Do not publicly livestream the dispute while it is unfolding. Do not confront or dox the suspected leaker. Do not assume police alone will make you financially whole. Do not assume a platform's automated support system is enough.

Use removal tools, criminal reporting, civil remedies, and counsel together.

This post provides general legal information, not legal advice. The current Indiana Code and federal law should be verified before action, and your specific facts should be reviewed by an attorney.

More topics coming in this creator legal series

Next, I will address:

• LLCs, taxes, contracts, and what creator business structures actually protect
• Manager and agency agreements that take ownership of your content
• Sextortion, stalking, and “pay me or I post it” threats
• Custody and family-court risks involving adult content
• AI deepfakes and the difference between actual images and digital forgeries
• What to do when police, a school, an employer, or a platform demands access to your accounts

If your content has been leaked, someone is threatening you, or a person is profiting from your work without authorization, contact the Law Office of Mark Nicholson in Indianapolis. We provide aggressive criminal defense and civil representation for creators, with confidential consultations available 24/7. Nobody at this firm is going to judge your work. We are here to protect your rights and pursue the person or institution causing the harm.

If you are facing charges or an active warrant arising from something adjacent to this (a solicitation allegation, drugs at a shoot, or a family-court subpoena based on your content) call before making any statement. If you must surrender on a warrant, do it on a Monday or Wednesday rather than a weekend or holiday, with counsel's guidance, so limited court availability does not create an unnecessary delay.

Sources and further reading

• Indiana Code § 35-45-4-8: Distribution of an intimate image
• Indiana Code § 34-21.5-3-1: Action for disclosure of nonconsensual pornography
• Indiana Code § 34-21.5-3-2: Damages and attorney fees
• Indiana Code § 35-45-2-1: Intimidation
• Indiana Code Title 35, Article 45, Chapter 4: Voyeurism and related offenses
• TAKE IT DOWN Act, Public Law 119-12: GovInfo
• FTC, TAKE IT DOWN Act
• FTC consumer guidance on reporting platforms that fail to act
• U.S. Copyright Office: Section 512 and DMCA takedowns
• Law Office of Mark Nicholson: Revenge porn victims
• Law Office of Mark Nicholson: Adult-site legal issues