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What about the Creators? Legal Issues Faced by Content Creators on the Platform OnlyFans

Author(s)
Tima Otu Anwana, Paul Eberstaller
Abstract

Internet pornography platforms receive more monthly visitors than most other entertainment platforms such as Netflix but have been largely excluded from the legal discourse. OnlyFans is the newest phenomenon in this sector. Described as the “Instagram for pornography” it allows its users to post pornographic content and charge subscribers to view it. The platform is a viable source of income for many content creators. The resulting economic dependency combined with the explicit nature of the sold content, the societal stigma and the potential control exercised by the platform makes OnlyFans unique. This article addresses the legal situation that affects content creators who are required to grant OnlyFans a far-reaching, perpetual license. This ostensibly contravenes GDPR principles and could potentially result in the misuse of content. This article will explore whether European copyright and data protection law can prevent such misuse. Furthermore, it will investigate whether the proposed EU Platform Work Directive can improve working conditions for content creators.

Organisation(s)
Department of Innovation and Digitalisation in Law
Journal
Juridicum Zeitschrift für kritik, recht, gesellschaft
Volume
2022
Pages
306-316
No. of pages
10
ISSN
1019-5394
Publication date
09-2022
Peer reviewed
Yes
Austrian Fields of Science 2012
505002 Data protection, 505039 Media law, 505001 Labour law
Portal url
https://ucris.univie.ac.at/portal/en/publications/what-about-the-creators-legal-issues-faced-by-content-creators-on-the-platform-onlyfans(7a96a948-a901-4bf3-9ff7-3e498fb1b0ca).html