AI editing of OnlyFans content & Instagram campaigns: Important legal tips!

Copyright and original material

Copyright regulations protect the intellectual property of those who create photo and video material. The OnlyFans model herself can act as the author of specially created content, provided that no other person was significantly involved in its creation.
In many cases, professional photographers retain the exclusive right to the images unless otherwise contractually agreed. If AI editing of images or clips is planned, it is therefore necessary to check in advance who has the exclusive right to make or authorize changes.
In Germany, this is based on the Copyright Act (UrhG), which contains detailed provisions on the right of use and editing in Sections 15 et seq. A simple adjustment using filters or minor retouching is legally classified as editing, meaning that the consent of the rights holder is generally required.

If comprehensive editing goes beyond mere optimization, clear agreements are essential to avoid conflicts. A contract that precisely regulates all usage and editing rights to the original recording offers security for all parties involved.
It is advisable to use wording that explicitly includes the use of AI tools in order to minimize disputes later on. In addition to contractual safeguards, knowledge of any licensing provisions of other parties also plays an important role.
Some agencies or platforms impose their own restrictions that affect the right to further use the material. Failure to comply with these requirements often results in unexpected claims for damages, which can be avoided by carefully checking the granting of rights.
A comprehensive right of use, which expressly permits adaptations, can be more expensive in individual cases, but reduces the risk of warnings. In some constellations, it is also worth splitting the rights so that the model or photographer retains their own marketing options at the same time.

Before publishing on platforms such as OnlyFans or Instagram, it is important to ensure that no other third-party property rights are affected. If, for example, third-party brands, copyrighted designs or third-party artworks appear in the background of an image, additional clarification may be required.
Without a clean rights chain, there is a risk with any form of AI processing that the final content will be distributed illegally. Particularly in the case of AI systems that run through learning processes based on unclear licensed material, copyright infringement can quickly occur.
Careful documentation of the source material and the associated rights provides effective proof in the event of queries. Checks and written agreements minimize the effort in the long term, as this creates clarity about responsibilities and accountabilities in advance.

Personal rights and protection against abuse

The general right of personality protects the right of self-determination of each individual and covers in particular the area of one’s own images.

Sections 22 and 23 of the German Art Copyright Act (KUG) stipulate that images may only be distributed or publicly displayed with the consent of the person depicted, unless an exception applies. These regulations also apply when AI technology is used that can drastically change a person’s appearance or gestures. Even if the original publication was permitted, a far-reaching change can lead to a new situation that requires additional consent.

One particularly sensitive area is the so-called deepfake process, in which faces or entire bodies are replaced or altered with the help of artificial intelligence. Such manipulations can compromise the right to honour and the free development of personality if they lead to deception or degrading depictions.
In a professional context, a precise contractual agreement on the scope of permissible AI processing is therefore essential in order to avoid conflicts. Furthermore, protective mechanisms can be agreed, such as a mandatory preliminary check by the model or an external body, in order to rule out unwanted distortions.
It is advisable to draw a clear line between harmless retouching and gross manipulation in order to preserve individual dignity and identity. If such agreements are not adhered to, there is a risk of injunctive relief and claims for damages, which can often be substantial.
Legal disputes over personal rights are often based on a violation of privacy or on deceptive editing that damages the reputation of the person concerned. In addition, the publication of manipulated content can also be relevant under criminal law, for example if defamatory misrepresentations are disseminated.

In practice, conflicts arise time and again when a model learns that his or her image suddenly appears in an out-of-context context. In the OnlyFans area in particular, the trust of subscribers can suffer if an AI processing suggests intentions to deceive. A transparent approach based on honesty and respectful treatment, on the other hand, strengthens the relationship with fans and avoids negative headlines. Declarations of consent should therefore explicitly include the use of advanced technologies in order to protect each party from unpleasant surprises.

In addition, a contractual agreement on deletion periods or revocation options can provide clarity if a person later regrets processing. Even if there were no concerns when the agreement was concluded, personal attitudes may change over time, which could lead to renewed negotiations. A useful addition is a confidentiality or non-disclosure clause to prevent the unauthorized disclosure of raw material. All these precautions prevent the misuse of personal data and images, which ultimately benefits both the model and the cooperation partners.

OnlyFans: Fraud risks and platform rules

OnlyFans is a platform that offers exclusive content that is typically only accessible to paying subscribers. Therefore, the audience usually expects authentic material that has not been falsified through extreme alterations. As soon as AI-based editing is used, there is a risk that fans will be deceived if the person or scenes depicted do not correspond to reality.
Some subscribers may feel cheated if they pay for content that has been created or heavily modified using artificial algorithms. The platform itself sets certain guidelines that regulate what content may be uploaded and how it may be presented. Violations of the internal regulations can result in sanctions, including the blocking of the account, which can lead to considerable financial losses.

It is therefore advisable to take a close look at the applicable terms of service to ensure that all AI applications are permitted. In addition, internal review mechanisms can take effect if unusual edits are detected or reported. A well-documented process for creating and verifying content helps to avoid potential misunderstandings. Anyone working with models and managing their content should clarify in contracts whether and to what extent technical interventions may be made. Transparent communication with fans can also help to prevent disappointment, as a certain degree of openness about the use of AI creates trust. Suspected fraud can relate not only to visual changes, but also to false promises about the authenticity of a performance. Some observations show that subscribers react sensitively if they have the impression that uploaded scenes are computer-generated instead of real recordings.

Even if there is no explicit violation of the law, such cases may damage the reputation of the individuals and agencies involved. A sustainable business model relies on credibility and respect for the community, which is why extreme or misleading edits can be counterproductive. Nevertheless, AI offers interesting opportunities, for example in optimizing lighting conditions or removing distracting backgrounds without distorting the core of the content. In this respect, a balance can be struck between creative effects and maintaining authenticity so that neither legal nor moral concerns arise. It may be advisable to develop an internal quality assurance policy that clearly defines criteria for permissible AI transformations. Anyone who is unsure whether a particular change complies with the platform rules should consult support or specialist legal advice in advance. With a good strategy and solid knowledge of all requirements, OnlyFans can continue to be used to offer reputable and appealing content.

Instagram campaigns and advertising partners

Instagram often serves as a showcase for collaborations with brands that expect a professional image and authentic posts at the same time. Companies make sure that advertising campaigns comply with the social network’s guidelines and do not mislead the target audience. Exaggerated AI effects could give the impression that products are being presented in an unrealistic environment, which could potentially damage the good reputation of the cooperation partners.
There is also a risk that viewers may feel that they have been deceived if models or scenes deviate significantly from their natural appearance. Some advertising partners already specify in their contracts exactly which types of image processing are permitted in order to prevent excessive distortion. Failure to comply with these specifications may not only result in the contract being terminated, but may also lead to a claim for damages for lost advertising effects.
It is therefore advisable to coordinate all planned AI manipulations with the respective client in good time in order to create a common understanding of permissible adjustments. Of particular relevance here is the labelling obligation for advertising posts, which is required by law in some countries to ensure that commercial content remains clearly recognizable.

In the case of heavily manipulated images, the question could also arise as to whether these are considered misleading advertising if product benefits are exaggerated. In case of doubt, it makes sense to set out the image processing guidelines in writing so that all project participants have access to the agreed standards at all times. A lack of transparency often leads to misunderstandings that can later develop into legal disputes or at least discussions that damage reputations. Especially in an environment that relies heavily on trust and credibility, open communication about processing procedures is essential. New AI tools not only allow cosmetic retouching, but also the addition of foreign objects or the complete replacement of backgrounds. While such possibilities increase creativity, they also increase the risk of exceeding the limits of acceptable presentation.

If several advertising partners are involved in a campaign at the same time, even more complex coordination may be necessary to reconcile their different requirements. Forward-looking project management therefore takes into account the media law framework and the expectations of the brands at an early stage in order to avoid subsequent changes. The removal of previously published posts can also be problematic if they have already achieved a wide reach or continue to exist in screenshots. Transparent agreements on the duration and possible subsequent adjustments to a campaign prevent costly correction loops. A sensitive approach to AI processing increases the credibility of the agency’s own work in the long term and increases the satisfaction of advertising partners. It also creates a positively perceived environment in which creative innovation and legal certainty go hand in hand.

Contractual design and data protection

A tailor-made contract structure forms the basis for the legally permissible use of AI in image and video editing. It is advisable to define all relevant rights and obligations in detail in order to avoid disputes. First of all, it should be clarified which party owns the copyrights to the source works and how far the granting of editing rights extends. In addition, a clause on the protection of personality rights is useful, which regulates the extent to which changes to images of people are permitted. A clear distinction between minor optimization and extensive AI manipulation helps to minimize room for interpretation.

It is also advisable to clearly regulate liability issues in the event of possible legal infringements so that there is no ambiguity in the event of a conflict. A separate section on fraud prevention can help to avoid misunderstandings about misleading depictions or artificially created scenes. These regulations are particularly important on platforms such as OnlyFans because the audience expects a high degree of authenticity. With regard to Instagram and other social networks, consideration should also be given to how advertising partners are integrated into the contractual agreements. It is also advisable to refer to any internal guidelines for the use of AI to ensure uniform quality standards. The General Data Protection Regulation (GDPR) also prescribes strict rules for the handling of facial features when processing personal data. Biometric information that enables automatic facial recognition falls under Art. 9 GDPR and requires explicit consent. The storage and subsequent deletion of the processed data should also be regulated in the contracts in order to comply with the legal requirements. Structured documentation helps to fulfill obligations to provide evidence to supervisory authorities or data subjects.

It is helpful to create a data protection concept that covers the entire workflow of AI use and clearly assigns responsibilities. Violations of the GDPR can result in severe fines, which makes careful planning and risk analysis particularly important. Legal advice from specialists in IT law and media law can prevent conflicts, as they have extensive experience with the relevant laws. Contracts should be regularly reviewed and adapted to new technical developments so that no gray areas arise. A dynamic market requires flexible contracts that are not only equipped for current tools, but also for future AI innovations. Professional and tailor-made agreements that take into account copyright, personal rights and data protection create trust so that creative ideas can be implemented without hesitation.

Conclusion

A solid legal basis forms the basis for any successful use of AI in the context of OnlyFans and Instagram. Without clearly regulated usage and editing rights, there is a risk of warnings or costly disputes. If you are looking for a professional and legally compliant contract, you can turn to a specialized law firm for comprehensive advice. Individual clauses relating to copyright, privacy and data protection will result in tailor-made solutions that are able to meet future challenges. In this way, the creative potential of modern technologies can be exploited without losing sight of possible risks.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.