Management for OnlyFans artists: what to consider and how it differs from traditional influencer management

Management in the influencer sector is no longer uncharted territory. Numerous success stories have already been written with platforms such as Instagram, YouTube or TikTok. However, one platform that brings its own unique dynamic is OnlyFans. It not only offers enormous opportunities, but also presents agencies and managers with special challenges. This blog post will provide a detailed look at these specifics and how management for OnlyFans artists differs from that for traditional influencers.

Content and audience specifications: The core of the differences

One of the most striking differences between OnlyFans and traditional social media platforms is the content focus, which also has significant legal implications. This blog post aims to shed light on the legal aspects, particularly with regard to contracting for OnlyFans artists. At OnlyFans, the focus is often on exclusive and partly erotic content. This requires a high degree of care in terms of compliance with youth protection regulations. Agencies and managers must therefore take special compliance measures and should include appropriate age verification and youth protection clauses in their contracts.

In addition, the exclusive and sensitive nature of the content on OnlyFans requires special legal safeguards with regard to copyright. It is essential to include detailed provisions regarding ownership of the content, exploitation rights, and possible exclusivity agreements in the contracts. This not only increases legal certainty for artists and agencies, but also protects them from possible legal consequences should the content be distributed illegally.

In contrast, contract drafting for traditional influencers is often less complex in terms of copyright issues, but more focused on trademark and competition law. In particular, regulations on the labeling of advertising content, liability issues, and the rights to images and videos created in cooperation with brands must be clearly defined here.

The different legal requirements thus also call for different approaches to contract drafting. Whereas in the traditional influencer sector, the focus is on conformity with competition and trademark law, in the case of OnlyFans, comprehensive legal protection must be ensured, especially with regard to copyright and youth protection law.

Legal and contractual aspects: The foundation of cooperation

Legal issues are always complex, but in the case of OnlyFans, some special challenges are added. In particular, the nature of the content – often sensitive and exclusive – significantly changes the legal playing field. The risk of copyright infringement is increased here, which makes special care necessary when drafting the contract. Exclusivity clauses are often agreed upon, prohibiting the artist from publishing similar content on other platforms. In addition, clear regulations should be included in the contract regarding the distribution of risk in the event of legal violations. This serves to provide legal protection for both the artist and the agency or manager.

Another aspect that should not be neglected concerns personal rights. Especially in the case of very erotic or even pornographic content, the contract should clarify how and to what extent the content may be used. In such cases, it is also advisable to obtain declarations of consent from the persons involved in order to protect against any claims for violations of personal rights. A violation of personal rights may even have criminal consequences under certain circumstances, which is why special care is required here.

The issue of prostitution mediation also requires attention. Although OnlyFans does not explicitly serve as a platform for prostitution, there are gray areas to be aware of. Agencies and managers should ensure that the content and services offered through OnlyFans cannot be interpreted as illegal prostitution activity. This is important not only for legal reasons, but also for ethical and reputational reasons.

By comparison, the legal complexity of managing traditional influencers is different. Here, the focus is often on questions of trademark law. Product placements and cooperations with companies must be labeled transparently so as not to violate competition law. Accordingly, the contract design is usually more complex and, in addition to service catalogs, often includes terms and periods of notice that must be precisely coordinated.

In both cases, for OnlyFans and traditional influencers, privacy is a critical issue. However, the sensitivity of the data at OnlyFans requires even more careful handling. It is essential to comply with the General Data Protection Regulation (GDPR) and national data protection laws. Especially in the case of OnlyFans, where users often deposit sensitive personal data, the contract should contain clear rules on data processing and storage. Agencies and managers must ensure that appropriate technical and organizational measures are in place to protect data.

In conclusion, the contract design at OnlyFans entails a number of special requirements that go far beyond what is required in the field of traditional influencer management. From copyright and privacy law to special compliance requirements and data protection – the legal intricacies are many and require in-depth expertise. The thorough drafting of contracts is thus not only a recommendation, but a necessity for all those working in the OnlyFans environment.

Conclusion

In management for OnlyFans artists, it is once again evident that digitization opens up new, unimagined opportunities, but also comes with special challenges. Knowing the ins and outs of the OnlyFans market and navigating it masterfully can open up a goldmine. With a professional approach that takes into account both the content and legal specifics as well as the special needs of the target group, the full potential of this emerging platform can be exploited.

However, it must be strongly emphasized that sound contract drafting is essential. It may be tempting to simply download sample or standard contracts from the Internet and use them, but this approach is highly risky. The complexity of the legal issues, which range from copyright and personal rights to data protection and special compliance requirements, calls for customized contract design. A contract that is not precisely tailored to the individual circumstances of the artist and management can quickly become a legal trap, exposing both parties to unnecessary risk.

It is therefore not only advisable, but essential to consult a specialized lawyer for the drafting and review of the contract. This ensures that all legal pitfalls are considered and appropriate safeguards are in place. This is the only way to exploit the full potential of OnlyFans without getting onto legal ice. Therefore, one should not save at the wrong end and seek professional legal advice. A well-designed contract is not only a safeguard, but an investment in long-term success on OnlyFans.

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.