In today’s digital economy, subscription-based content platforms like OnlyFans, JustforFans, Vimeo, Patreon, and YouTube have created unprecedented opportunities for creators to monetize their work directly to the consuming public. However, these opportunities come with complex intellectual property (IP) considerations that content creators must understand to protect their rights and avoid potential legal issues.
Copyright Fundamentals
“Bundle of Rights”
When you create original content—whether it’s videos, photos, or written material—copyright protection attaches automatically upon creation. This gives you exclusive rights, called a “bundle of rights,” to:
- Reproduction: Reproduce the work;
- Derivation: Create derivative works;
- Distribution: Distribute copies;
- Public Performance/Display: Publicly display or perform the work;
- Licensing/Assignment: License, sell, or bequeath the copyrights to others.
Despite automatic protection, formal registration with the U.S. Copyright Office provides significant advantages, including the ability to sue for damages under the Copyright Act, including statutory damages, treble damages, and attorney’s fees.
Terms of Service and IP Rights
Most subscription platforms require creators to agree to their Terms of Service that include provisions about intellectual property. These terms typically:
- Confirm that creators retain ownership of their content;
- Grant the platform a limited license to host, display, and distribute the content;
- Outline the platform’s content removal policies;
- Define how copyright disputes are handled.
Always read these terms carefully—they determine what rights you’re granting to the platform and what protections you maintain, including your “bundle of rights.”
Enforcement
Content Leaks and Distribution
One of the biggest IP challenges for subscription content creators is unauthorized distribution of their content. When subscribers download and share content without permission, this constitutes copyright infringement. To combat this:
- Watermarking: Add visible or invisible watermarks to your content;
- Digital fingerprinting: Some platforms offer technology that can track your content across the internet;
- DMCA takedown notices: Familiarize yourself with how to file a DMCA takedown notice when you find your content on unauthorized sites;
- Cease & Desists: Send out a formal “Cease & Desist” letter to the infringer, which lays out the facts and law, ramifications for failure to act on the “Cease & Desist,” and ability to negotiate a non-adversarial settlement;
- Legal action: In serious cases, consider consulting an attorney about a potential action before a federal court or a small claims action before the Copyright Claims Board.
Fan Interactions and User-Generated Content
When fans create derivative works based on your content (fan art, edits, compilations), these raise consequential IP questions, including:
- While technically these may infringe on your copyright, many creators view fan creations as beneficial promotion. It is up to you as creator how you want to manage this process, but note if you consent to fan content creation, you may be limiting your future ability to enforce your IP, as various affirmative defenses may be available to an infringer in a lawsuit, including acquiescence, waiver, laches, and estoppel;
- Consider developing a clear written policy about what fan-created content you permit;
- Be especially vigilant about fan-created content that misrepresents your brand or is being monetized without your permission.
Music, Brands, and Third-Party IP in Your Content
Music Rights
Using music in your content requires appropriate licensing, even on subscription platforms. Be aware that:
- Most popular music is not cleared for use in your videos, even if you’ve purchased the song;
- “Royalty-free” does not mean completely free—it typically means you pay once rather than per use;
- Some platforms offer libraries of pre-cleared music, but check the specific terms;
- Consider commissioning custom music with clear rights assignments;
- Compulsory licenses, or “mechanical licenses,” are required to be registered with the Copyright Office;
- Don’t assume that just because music is found on the Internet it is automatically in the public domain.
Trademarks and Brand Appearances
When branded products or logos appear in your content:
- Incidental appearances are generally acceptable under fair use principles.
- Prominently featuring brands in ways that suggest endorsement can create legal risks.
- Be especially careful with luxury brands, which often aggressively protect their trademarks.
- Consider obscuring logos when possible in content where brands aren’t relevant.
- Contact an IP attorney to assist with licensing and clearances.
Collaborative Content and Clear Rights Assignments
Working with Other Creators
When collaborating with other creators, establish clear written agreements about:
- Who owns the resulting content: is it a work-for-hire? Or a joint work?
- How revenue will be shared?
- Where the content can be distributed? Be specific – the right of distribution is part of your “bundle of rights.”
- How long may the content be used?
- Whether either party can repurpose portions of the collaboration.
- Let’s repeat this – everything should be in writing.
Without clear agreements, collabs default as “joint works” under the Copyright Act, which potentially creates complex and sometimes messy co-ownership situations.
Working with Photographers, Editors, and Production Teams
If you hire professionals to help create your content:
- Use work-for-hire agreements when appropriate.
- Ensure contracts explicitly transfer copyright to you: this is important because many photographers, by default, will own any pics they take.
- Clarify usage rights for all parties.
- Define whether the professional can use the work in their portfolio: again, this affects part of your “bundle of rights.”
International Considerations
Intellectual property laws vary significantly between countries, creating challenges for global platforms:
- Copyright is territorial, meaning protection differs from country to country.
- Consider where your primary audience is located, and get IP registrations in that jurisdiction.
- Be aware that content legal in your country may violate IP laws elsewhere.
- Some countries offer stronger or weaker enforcement mechanisms.
Emerging IP Challenges in the Creator Economy
AI-Generated Content
As AI tools become more prevalent, new questions emerge:
- Who owns content created with AI assistance?
- How can you protect your personal style or likeness from being trained into AI systems? This is another IP right – right of publicity or name, image, likeness (NIL) right.
- Can subscribers use your content to train personalized AI?
Platforms are still developing policies around these issues, so be vigilant about updates to their terms and policies.
NFTs and Blockchain-Based IP Protection
Some creators are exploring blockchain technologies to:
- Create verifiable scarcity for digital content.
- Establish immutable proof of creation date.
- Enable automated royalty payments for secondary sales.
- Provide fans with tokenized ownership of exclusive content.
Practical Steps to Strengthen Your IP Position
- Document your creative process to establish clear evidence of creation.
- Register important works with the Copyright Office.
- Implement a consistent content marking strategy (watermarks, identifiers).
- Develop a monitoring system to detect unauthorized use.
- Create clear policies about what uses you permit and prohibit.
- Consult with an IP attorney to develop a comprehensive protection strategy.
- Obtain trademark registration from the USPTO for branding and taglines, if needed.
Conclusion
Intellectual property rights form the foundation of content creators’ ability to monetize their work. By understanding these rights and taking proactive steps to protect them, content creators can build more sustainable businesses and defend against potential infringement. As the legal landscape continues to evolve alongside technology, staying informed about IP developments will remain essential for long-term success in the creator economy.
Disclaimer: This blog post provides general information about intellectual property law but does not constitute legal advice. For guidance on your specific situation, consult with Yonaxis I.P. Law Group, or another qualified intellectual property attorney.