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Can I Sue Someone For Leaking My ‘OnlyFans’ Content?
December 18, 2020
Posted by
Raees Mohamed
Intellectual Property , Internet Law
22 Comments
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Recently, many people have been turning to apps like “OnlyFans” to make a second income – or may even use them as their only source of income. “OnlyFans” is an app where users can pay to view exclusive “content” – mostly on the explicit side. With so many users uploading private photos of themselves – for a price – what happens when one of your “fans” leaks your nude photos without your permission? Can you sue?
Intellectual Property Rights on “OnlyFans”
According to the “OnlyFans” Terms of Service, “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.”
So, if one were to take content from a user on “OnlyFans” and then go on to publish or distribute it elsewhere, they would be in violation of the website’s terms of service and “your right to use the Website will end immediately and you must, at FIL option, return or destroy any copies of the materials you have made,” according to the “OnlyFans” terms of service.
Now this may help some victims, but simply banning a user from the website and expecting them to return copies of the materials may not be enough of a solution if your stolen content is still being hosted elsewhere.
So, what legal action can you take?
“Revenge Porn”, also known as non-consensual pornography, occurs when someone shares a sexually graphic image without consent of the person photographed. This act is illegal and is in violation of both civil and criminal law.
There are different Revenge Porn laws that exist depending on the state you reside in. Not every state in the United States has revenge porn state law, but many do. In California, for example, a personal leaking “OnlyFans” images or video could be charged with a misdemeanor, face up to 6 months in jail and a fine of up to $1,000 for distributing images that identify the victim with the intent to harm under Penal Code Section 647(j)(4).
There are no specific federal laws concerning revenge porn that have been passed yet, but there have been some proposed. A bill called the Internet Privacy Protection Acts was introduced in Congress, but has struggled with First Amendment concerns. Similarly, Arizona passed a revenge porn statute, but it was struck down for being overbroad and violating conduct protected by the First Amendment. Depending on the state you live in, there are different routes you can take to sue someone for distributing revenge porn.
Another legal route similar to revenge porn laws are those concerning Invasion of Privacy. Invasion of Privacy occurs when there is an intrusion on your reasonable expectation to be left alone. One could argue that a user posting exclusive content to “Only Fans” would reasonably expect that their content would not be stolen or distributed elsewhere, especially according to the websites Terms of Service. So, in a way, leaking content from “Only Fans” could also be considered an Invasion of Privacy.
Is “Only Fans” the Only Platform Like This?
No, it is not- but that doesn’t mean the grass is always greener on the other side.
Pocketstars is the newest internet content subscription service, but it’s not without legal issues, including leaks, harassment, and infringement. Founded by Elle Brooke, a fellow adult content creator, Pocketstars is known as one of the most secure sites in regard to protecting content creators. The new adult site is also gaining traction for allowing more “hardcore” content that can be paid for via crypto payments.
Although Pocketstars is much like its predecessor OnlyFans, there are a few key differences. For instance, Pocketstars has a minimum subscription fee of $40 whereas OnlyFans subscription fee is 50% less. The site also has an “Explore the Stars” page where creators are promoted, and Pocketstars offers free promotional graphics. The new site also prides itself on putting content creators first whereas OnlyFans has come under fire for failing to protect its creators.
Another difference between the platforms is their terms of use. Pocketstars has taken it upon themselves to explain content creators’ rights, and users’ rights, in layman’s terms for easy comprehension, whereas OnlyFans has stuck with the typical legal jargon making their terms a little more difficult to navigate.
OnlyFans is a London based company, however they explicitly state how they respect the intellectual property rights of copyright holders and have chosen to voluntarily comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act (“DMCA”).
Pocketstars terms of use agreement explicitly states that the creator retains all ownership rights for their content. The policy goes on to state how Pocketstars is granted a non-exclusive, royalty-free license for the creator’s content- much like OnlyFans. The policy continues to state it grants each user of the site a nonexclusive, royalty-free license to access creators’ submissions through the site to watch your submissions as permitted through the site.
Both sites states that users will require explicit written consent from creators before sharing their content externally or with third parties. Unfortunately, we are seeing creators on Pocketstar who are also suffering from leaks, copycats, copyright infringement, leaks, and harassment. If this happens, the attorneys are RM Warner know how to defend your rights and help you. So if you’re experiencing legal issues on Pocketstars, get in touch with us today.
What if my Private Photos are Being Leaked Onto “Only Fans ” ?
Along with their stance on Intellectual Property Rights, Only Fans also has a section in their terms of Service that addresses DMCA takedowns. If your private content is being posted on only fans without your consent, you have the option to submit a takedown request under the Digital Millennium Copyright Act. To learn more about how DMCA takedown requests work, check out our blog.
How To Register a Copyright For Your OnlyFans Content
If you’d like to register a copyright, for your content posted to OnlyFans, or to prove content hosted on OnlyFans is being used without your permission, you can do so online by using the U.S. copyright office’s online registration.
If you are a victim of an “Only Fans” leak, get in contact with one of our experienced Internet Attorneys today. We know how to help get content removed from the web and sue for damages.
Note: *OnlyFans is a trademark owned by Fenix International Limited, and not affiliated with our firm
Raees is a Founding Partner at RM Warner PLC, a corporate and Internet Law firm that caters to startups and entrepreneurs. He is also an adjunct professor of law in the acclaimed Innovation Advancement Program legal clinic at the Sandra Day O’Connor College Of Law in Phoenix. There, he teaches law students how to counsel local entrepreneurs as Rule 39 certified student-practitioners. Raees believes the push for the advancement of innovation and a culture of entrepreneurship should come from academic institutions.
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Twitch Stars
The Sphere Hunter’s Biography: Trans? Age, Face, Real Name
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Sue Kalergi is an American YouTuber and Twitch streamer, born on 7 March 1993 in California, USA. As The Sphere Hunter – also sometimes as Sue Lightning – she’s known on the internet for her gaming videos and reviews. She is currently 27 years old.
Just a simple reminder that article is created and owned only by marriedbiography.org . Article cannot be re-published in any other pages or documents. Copyright is protected by DMCA. All found copies will be reported. Original source: https://marriedbiography.org/the-sphere-hunters-biography-trans-age-face-real-name/
Details about Suzi The Sphere Hunter’s education and hobbies are unknown. though she’s. The identity of Suzi’s family hasn’t been disclosed, as well as information about her childhood.
Suzi The Sphere Hunter started her YouTube channel in February 2016. However, she apparently deleted her earliest content, so the first video found on her channel “Final Fantasy XII: The Zodiac Age A Good Remaster?” dates back to September 2017.
Although at first she focused on posting content related to “Final Fantasy”, she slowly added more variety to her channel, and uploaded videos of other video games such as “Resident Evil”, “Parasite Eve” and “Devil May Cry”,
In June 2019 she attended E3 (Electronic Entertainment Expo), where various people told her she looked like Motoko Kusanagi, the protagonist of the video game “Ghost in the Shell”. She later posted a video of the event, commenting her experience on it.
In only three years Suzi’s channel has steadily grown, gaining over 280,000 subscribers and millions of views.
Suzi The Sphere Hunter also has over 270,000 views on her Twitch channel, on which she often streams video game plays.
Although Suzi The Sphere Hunter doesn’t talk about her personal life on her YouTube channel, it’s a known fact that she is Sue Lightning, a former trans pornstar.
Suzi opened up about her past in a live stream , stating the reason that she left the porn industry was because she wasn’t comfortable working in it anymore. She also confessed that her involvement with a man named Cristian – who was allegedly also involved in the porn industry – was a drain on her self confidence, as he often told her she wasn’t ‘good for anything’.
The reason which led Sue Lightning to enter the porn industry is unknown, though it’s rumored she was in a relationship with Natalie Mars, who allegedly convinced Sue to become an actress in adult movies.
Suzi has confessed that she wasn’t happy in that industry and is more comfortable with her YouTube channel, posting videos of her passion for video games instead: ‘it feels great not having to get naked to get money’. She officially retired from the porn industry in 2017.
In 2018 various pictures of Suzi The Sphere Hunter – at the time still known as Sue Lightning – in Anthony Cumia’s house while holding one of his guns was posted on the internet.
This caused an uproar as people speculated that the pair was romantically involved. At first Cumia denied he knew Sue, though he later contradicted his words, admitting that Sue visited his house, but insisting that he and Sue were only friends on Twitter : ‘Sue was really fun and a good person to hang out with.’ he affirmed, also discarding the speculation that he had a sexual relationship with Sue.
Cumia is a former radio MC and comedian, who rose to fame with the show “Opie and Anthony”. He has faced various controversies regarding his political views and allegedly racist Tweets.
Suzi The Sphere Hunter has an estimated net worth of around $1 million, which is a result of her work as a YouTube and Twitch content creator, including sponsorships resulting from it.
Suzi The Sphere Hunter often dyes her hair black and styles it shoulder length. She weighs approximately 145lbs (65kgs) and is 5ft 8ins (1.72m) tall.
Although the caption of her videos often shows a fanart of her instead of her real picture, she has revealed her face several times. She often posts pictures on her Instagram account as well.
Suzi The Sphere Hunter has cosplayed various video games characters. However, she has confessed that she doesn’t dress-up as often as she would like, as it’s very expensive to buy custom-made outfits, and it takes too long to make those clothes herself.
Although she likes horror-themed video games, she doesn’t like “Slenderman” and prefers survival-type stories.
As a kid, she liked the Red Hot Chili Peppers video for the song “Califonication”, as she commented on a Tweet : ‘I used to get excited as a kid when this video played on MTV because I thought it was going to be a real videogame.’
It’s rumored that Anthony Cumia paid for her breasts implants.
The Art on Suzi The Sphere Hunter’s media accounts and channels is made by the artist DrossDrawings on Twitter.
Suzi currently has a Patreon page, on which her fans can subscribe to obtain special rewards of her content.
The artist Jessica Luna and Suzi have released two packs of collectible stickers. The illustrator has also made various fanarts of Suzi.
Suzi has criticized the censorship and the disregard of trans characters in video games and media. On a Tweet, she answered a fan’s comment regarding this issue while picturing a future setting similar to a futuristic game: ‘I imagine being a trans person in 2077 would probably mean next to nothing when people are walking around with chainsaw arms and big bug eyes.’
Although Suzi is relatively active on her Instagram account, she has deactivated the comments on her posts.
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Inside the secret Marines Facebook group 03:04
That's what appears to have happened to hundreds of female service members, after explicit photos of female Marines and other members of the armed forces were found circulating online last week.
So what can you do if this happens to you?
First, preserve the evidence, says Carrie Goldberg, a New York attorney and a director of the Cyber Civil Rights Initiative , an advocacy group for people whose images were distributed without their consent.
That means: Take screenshots of the posts and relevant Internet search results for your name, and r
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