Let's start at the beginning. When we talk about "leaks" for OnlyFans or Mym.fans, we're not referring to "leaks" in the traditional sense. A leak typically refers to a massive release of information from an internal source within a company or from a malicious hack that gains access to normally private data. When discussing leaks for OnlyFans or Mym.fans, we're not talking about a leak organized by someone within the company. Instead, we're referring to paid content that has been purchased by users and then reposted on other websites where it can be accessed for free.
So, in reality, it's more a matter of "piracy" than a "leak." Just as a movie can be watched without paying royalties through illegal downloading, photos and videos posted on adult content platforms can be redistributed for free on other websites that are less concerned with copyrights.
Sharing purchased adult content, is that legal?
To put it simply, no! When you purchase content online, whether it's adult content or not, if it is digital (photos, videos, text, voice), you only own the material copy. This means that the content belongs to you and you have legal access to it. However, this does not grant you intellectual property rights, which remain with the creator. Only the creator or someone who has received the rights and authorizations from the rights holder can authorize or prohibit the reproduction or use of the work.
The simplest comparison is that of a film (since it could also be an adult film). When you purchase a film, it does not give you the right to publicly screen it without paying royalties to the film's producers.
Why is adult content heavily pirated?
In reality, adult content is not pirated more than other types of content. Just as music and films are illegally shared online, any digital work is susceptible to piracy.
The difference lies in the inherent risk associated with adult content, as it involves personal intimacy and is often perceived as sensitive by societal moral standards. Therefore, depending on the open-mindedness of your future employers, colleagues, or even your family, having intimate photos of yourself leaked online can become a real problem for your present and future personal and professional development.
My content has been shared illegally, what should I do?
Terms of Use: The first thing to do is to read the terms of use of the platform where you believe the content was initially obtained (legally). In most cases, you remain the holder of the intellectual property rights to your content and only grant a license to the platform where you publish it for use and redistribution. When you share this content, the platform uses this license to share it with other users, so there is nothing unusual here. However, for example on Facebook, when you publish content publicly, it can be used by other users for sharing and modifications. Therefore, you should inform yourself about the license transfer that occurs when you share your photos and videos before you can take action against illegal sharing. On Facebook, your photos can end up on another platform without any issues if your initial content was public.
Asserting Your Copyright: Rather difficult to do alone, joining forces with other content creators to take collective action is likely the approach with the highest chance of success. To do this, try to gather other individuals who have suffered similar harm on social media or specialized forums and file a complaint against the platform hosting the pirated content. For example: you sell intimate photos on mym.fans and some of these photos end up on Facebook. This is clearly a violation of your copyright, as it is not the author of the photos who published them on Facebook. You can take action yourself, or if it is a Facebook group, you can join forces with other affected users and request the group's closure.
Difficulty with Illegal Sites: The issue is that illegal content is often hosted on illegal sites or protected by more permissive legislation. In this case, you are facing the same problems encountered by the music industry, film producers, or video game developers, which should alert you to the difficulty of taking down these websites. To summarize, if you find your nude photos freely shared on Snapchat, YouTube, or Facebook, you have a chance of getting them removed, even by contacting these companies directly yourself. However, if it's a site like OnlyFansFreeLeaks.share (hypothetical example) hosted in Johannesburg, there is little chance you can do anything about it.
Taking Action with the Source Platform: Even though not all platforms own your content, they generate revenue from it. Therefore, they have an interest in removing illegal content that you legally sell on their platforms. Contacting them and informing them about a site you have identified as pirating or distributing copyrighted content can, in the long term, help you get the content removed. There is no doubt that it is much easier for a large company to take legal action against other platforms publishing their content illegally.
Main Sites for Adult Content and License Transfer:
Let's look at the different types of licenses you grant to various platforms when you publish your content:
OnlyFans: "As part of a Creator Interaction, the Creator grants a Creator Interaction Licence. The Creator Interaction Licence permits a Fan access to Relevant Content. The Creator Interaction Licence does not grant any Fan ownership rights to the Relevant Content." Ok Access rights and no sharing.
Mym.fans: "The Media published by the Users on their Profile or communicated to Creators as Private Media are and remain the exclusive property of the Users. Full access to the Creators' Non-Public and Private Media and their Profile is reserved for Users who have signed up for a Subscription with the Creator concerned and have paid the Price set by the Creator. The conditions of sale and the Specifications of the Private Media are defined freely between the User and the Creator, via Messaging. In the absence of specific agreed terms, the General Terms and Conditions of Sale shall apply." Ok Access rights and no sharing (unless agreed upon by the parties).
Online Companions: "The public content available on the Site retains the intellectual property rights of its creators (i.e., Models, Visitors). Users are not permitted to use, share, reproduce, alter, or distribute the public content of the Site without the explicit permission of their content creator. Upon the purchase of any content on the platform, you understand that you are given a non-exclusive, non-transferable, personal, and non-commercial license to access, view, and enjoy the purchased content for your personal use only." Ok Access rights and no sharing.
Myfreecams.com: "We own or have the license/permission to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on this Website. You will not make any other use of the Website or its content, including by copying, modifying, accessing, distributing, or performing any content." Ok You grant your rights to the ownership of your content, but MyFreeCams does not authorize the reproduction of their content. However, it is up to MyFreeCams to take legal action and not you, since your publications belong to them.
Pornhub: "You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display this Website and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement." Ok It is not very clear whether Pornhub owns the rights to your content, but regardless, sharing the photos and videos present on their site is a copyright violation.
Chaturbate: "No Endorsement for Community Member Content. We do not endorse or recommend, nor do we have or assume any obligation to monitor any Community Member Content streamed or otherwise shared through the Platform by any Community Member or Independent Broadcaster; and, we hereby disclaim any and all liability with respect to Community Member Content. " Ok This indicates that you are the owner of your content and that Chaturbate will not intervene in the event of a violation of your copyright (unless your content has ended up on their platform illegally).
An ounce of prevention is worth a pound of cure
As you can see, you remain the sole owner of your publications on all mainstream (and reputable) sites simply because of European and American laws. Therefore, it is possible to:
- protect your digital works published on these platforms (with the exception of MyFreeCams) because your content belongs to you;
- request the removal of content that belongs to you and has been posted without your knowledge on these platforms.
The problem arises when dealing with illegal sites or those hosted in more permissive jurisdictions. Most of the time, these sites are harder to find, and only "malicious" individuals or those specifically searching for pirated content will have access to your nudes and other intimate content for free and in an unsecured manner.
Basic rules to follow when sharing intimate content:
- Only publish your content on renowned platforms intended for adult audiences. This way, the people who have access to it will never be innocent.
- Only share things you are comfortable with. Do not exceed your limits just because you think it will sell better, which is a false preconceived notion.
- Avoid "freebies." Any nudity should be behind a paywall, thus limiting the potential number of views.
- Protect your identity by using a stage name (or pseudonym).
If you want to learn more about how to sell your nude photos online, feel free to read our article on the subject.
Disclaimer: This article is for informational purposes only and does not constitute legal or professional advice. Always consult the terms of use of the platforms where you post your content.