Navigating Intellectual Property in Pornography: Safeguarding Your OnlyFans Content

Legal Scholar’s Work on Creator Rights Influences California Court Ruling, Gains Academic Traction

Fort Lauderdale, FL – December 5, 2025 – The scholarship of Nova Southeastern University Shepard Broad College of Law alumna and faculty member Lauren E. Diaz is rapidly gaining influence, impacting both legal precedent and academic discourse. Her 2024 Nova Law Review article, “Intellectual Property Rights in Pornographic Content Creation: Are Your OnlyFans Your Only Fans?” has been cited by the California Court of Appeal, Second district, Division Seven in the recent case Wawrzenski v. United Airlines, Inc.

the Wawrzenski case involved a flight attendant terminated for social media posts, including those linking to a subscription-based site. The court’s analysis of employer social media policies, digital self-presentation, and online content monetization directly aligns with the themes explored in Diaz’s groundbreaking work on creator rights and platforms like OnlyFans.

“This citation underscores the relevance of Professor Diaz’s research to contemporary legal challenges,” notes NSU Law.

Beyond the courtroom, Diaz’s scholarship is resonating within the academic community. Joan Heminway, a distinguished professor at the University of Tennessee Winston College of Law, cited Diaz’s article in her 2025 publication, “NILs on Blockchains: The Good, The Bad, and Avoiding the Ugly,” published in Transactions: The Tennessee Journal of Business Law.

NSU Law and the Panza Maurer Law Library have recognized Diaz’s growing impact, highlighting her contributions to the intersection of intellectual property, social media, and emerging technologies.

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What steps should an OnlyFans creator take to document instances of content infringement?

Understanding Your rights as a Content Creator

Creating content for platforms like OnlyFans involves important intellectual property (IP) considerations. Unlike conventional employment where IP rights are frequently enough clearly defined,the creator economy demands proactive protection. Your photos, videos, written materials, and even your unique persona are all perhaps protectable under IP law. This includes copyright, trademark, and right of publicity. Ignoring these rights can lead to unauthorized use, distribution, and significant financial loss.

Copyright Protection for Your Explicit Content

Copyright automatically protects original works of authorship, including your OnlyFans content. This means you generally own the copyright to the images and videos you create. However, understanding the nuances is crucial:

* Originality: The content must be original to be copyrightable.Minor variations of existing works may not qualify.

* Fixation: The work must be fixed in a tangible medium (e.g., saved as a digital file).

* Registration: While copyright exists automatically, registering your copyright with the U.S. Copyright Office (or equivalent in your jurisdiction) provides significant legal advantages, including the ability to sue for statutory damages and attorney’s fees in infringement cases. Consider registering your most popular or valuable content.

* Derivative Works: Be mindful of creating derivative works (e.g., editing a video). You need rights to the original material to legally create a derivative work.

Trademarking Your Brand & Persona

Your OnlyFans persona is your brand. Protecting that brand through trademark registration can prevent others from profiting off your name, likeness, or unique identifiers.

* Brand Names & Logos: If you use a specific name or logo consistently to identify your OnlyFans content, consider trademarking it.

* Distinctiveness: The trademark must be distinctive and not merely descriptive.

* Use in Commerce: You must be actively using the trademark in commerce (i.e.,offering services under the mark) to qualify for registration.

* Common Law Trademark Rights: Even without formal registration, you may have common law trademark rights based on consistent use, but these are geographically limited and harder to enforce.

Right of Publicity: Controlling Your Image

The right of publicity protects your right to control the commercial use of your name,image,and likeness. This is notably vital for OnlyFans creators, as your persona is central to your income.

* State Laws Vary: Right of publicity laws vary significantly by state. Some states recognize the right even after death (post-mortem rights).

* Unauthorized Use: Someone using your image or likeness to promote their own OnlyFans or other products without your permission is a violation of your right of publicity.

* Consent is Key: Always obtain explicit consent before using another person’s image or likeness in your content.

OnlyFans Terms of Service & IP Ownership

The OnlyFans Terms of Service (TOS) are critical. Currently (as of late 2023/early 2024 – always verify the current TOS), OnlyFans generally states that creators retain ownership of their content. However,you grant OnlyFans a license to use,display,and distribute your content on their platform.

* Read the TOS Carefully: Understand the scope of the license you grant to OnlyFans.

* Content Removal: Know your rights regarding content removal. Can you take down content if you change your mind?

* Platform Changes: Be aware that changes to the TOS could impact your IP rights. Stay informed.

Dealing with Content Theft & Infringement

Content theft is rampant on platforms like OnlyFans. Here’s how to respond:

1. Document the Infringement: Gather evidence – screenshots, URLs, dates, and times.
2. DMCA Takedown Notices: Send Digital Millennium Copyright Act (DMCA) takedown notices to websites or platforms hosting your stolen content. Most platforms have a designated agent for receiving these notices.
3. OnlyFans Reporting Tools: Utilize OnlyFans’ reporting mechanisms to flag infringing content.
4. cease and Desist Letters: For more serious or persistent infringement,consider sending a cease and desist letter from an attorney.
5. Legal Action: As a last resort, you may need to file a lawsuit for copyright infringement or violation of your right of publicity.

Practical Tips for Protecting Your OnlyFans Content

* Watermark Your Content: Add a subtle watermark with your username or logo to your