OnlyFans management contracts: What content?

OnlyFans has developed into one of the leading platforms for content creators in recent years. More and more artists are using the platform to share exclusive content with their community and earn money with it. But with success comes new challenges – especially in the area of management. A well-drafted management contract is essential for a successful collaboration between artist and manager. But what content should be included in such a contract? What do you need to pay attention to? And why shouldn’t you take the drafting of an OnlyFans management contract lightly? In this blog post, we address these questions and show why it is so important to hire an experienced lawyer to draft the contract. We shed light on critical aspects such as data protection, remuneration, the use of AI and the challenges of internationality.

We also address the sensitive issue of chat access by third parties and the possible consequences under criminal law. By the end, you will understand why the professional drafting of an OnlyFans management contract is not an option, but a necessity.

Data protection: sensitive data, clear rules

Data protection is a central aspect of every OnlyFans management contract. The platform works with highly sensitive, personal data of artists and their followers. It is therefore essential to establish clear rules on who has access to this data and how it may be processed. Access to chats between artists and followers is particularly sensitive. This is where intimate details are often exchanged that must not fall into the wrong hands under any circumstances.

The contract must therefore precisely regulate the conditions under which the manager may view these chats and how they are to handle the information. An omission in this area can not only lead to legal problems, but also cause lasting damage to the relationship of trust between the artist and manager. In addition, the requirements of the GDPR, which imposes strict conditions on the processing of personal data, must be observed. Violations can result in severe fines. Data security must also be guaranteed. The contract should therefore also provide for technical and organizational measures to protect the data. Without clear regulations on data protection, an OnlyFans management contract is practically worthless.

Remuneration: fair distribution, clear rules

Another essential part of every OnlyFans management contract is the compensation arrangements. OnlyFans enables artists to be supported directly by their fans – but how is this support divided between artist and manager? It is important to find a fair balance that is fair to both sides. Possible additional income, for example through the sale of exclusive content or merchandise, must also be taken into account. The contract should contain clear rules on how this income is to be distributed. Without such regulations, disputes are inevitable, which in the worst case could even end up in court.

Careful contract drafting can avoid such scenarios from the outset. It is also important that the contract contains provisions in the event of payment defaults or delays. The tax treatment of income should also be clarified. In addition, the contract should contain provisions for the invoicing and payment of remuneration in order to ensure transparency and traceability. Without a well thought-out remuneration arrangement, the collaboration is built on feet of clay.

AI: opportunities and risks

Artificial intelligence (AI) will also play an increasingly important role in OnlyFans management in the future. AI systems can help to optimize interaction with followers, recommend suitable content or even support content creation. For example, AI tools can generate suggestions for captions or hashtags based on an analysis of successful posts. Automatic categorization and tagging of content is also conceivable in order to enable followers to navigate better.

The use of AI in actual content creation goes one step further. For example, tools that generate entire photo series or videos based on a few specifications from the model are conceivable here. AI can also provide support in the area of text, for example in the formulation of news or articles. Such applications have the potential to make the model’s work considerably easier and increase the quantity and consistency of content.

However, the use of AI also harbors risks. For example, it must be ensured that the systems are not trained with sensitive data. For example, if AI tools access the model’s private messages or unpublished content, this can represent a significant breach of privacy. The use of data from other models or followers to train the AI can also be problematic, both for data protection and competition reasons.

Another risk lies in the quality of the content generated. If the AI produces inferior or inappropriate content, this can damage the model’s reputation. It must therefore be ensured that the AI’s output is subject to strict quality control and is not published unseen.

The question of authorship and usage rights to AI-generated content is also complex. Who owns this content – the model, the management, the AI provider? How can it be used and monetized? Clear contractual regulations are needed here to avoid disputes later on.

Last but not least, there is the question of liability for damage caused by AI. What if the AI generates defamatory, illegal or copyright-infringing content? Who is liable if followers are deceived or harmed by incorrect AI output? Here too, the contract must clearly assign responsibilities.

The contract should also ensure that the use of AI is transparent. For example, if AI is used to create messages, this must be made clear. Followers have a right to know whether they are interacting with a human or a machine. Anything else could be interpreted as deception and undermine trust in the model.

Overall, the use of AI therefore requires careful contractual regulation. The aim is to exploit the opportunities of this technology without losing sight of the risks. This requires a clear legal framework that takes into account and protects the interests of all parties involved. Only in this way can AI become a tool that supports models and management without unintended side effects. A good OnlyFans management contract must therefore not only focus on the present, but also on the technological developments of the future.

Internationality: boundless challenges

OnlyFans is a global phenomenon. Artists and followers come from all over the world – and this also has an impact on management. For example, different legal frameworks have to be taken into account in different countries. Linguistic and cultural differences can also pose a challenge, for example when it comes to communicating with international followers. The contract should therefore also contain provisions for these aspects of cooperation. Without such provisions, there is a risk of misunderstandings or even legal problems arising, which could make cooperation difficult or even impossible.

For example, content that is completely acceptable in one country may violate laws or cultural norms in another. What is considered freedom of expression in the USA may be considered offensive or blasphemous in other countries. The depiction of nudity and sexuality is also subject to very different evaluations in different cultures. The contract must therefore find ways of dealing with these differences without unduly restricting the model’s artistic freedom.

Questions of applicable law and the place of jurisdiction for international disputes must also be clarified. Which law applies if the model and manager are based in different countries? Where can claims be asserted if a conflict arises? A balance needs to be struck here between protecting the model and practicality for the management.

The contract should also contain provisions for cooperation with international partners, such as agencies or advertisers. How is income from such collaborations distributed? Who is liable if problems arise? Clear contractual agreements are also necessary here in order to avoid unpleasant surprises.

Another aspect is data protection. The rules for processing personal data vary considerably from country to country. A contract must ensure that the data of models and followers is adequately protected everywhere. This may mean that certain data may not be collected or processed at all in some countries.

Last but not least, it is also about taxes and duties. Which taxes are payable in which country? Who is responsible for paying them? Here, too, clear rules are needed to minimize liability risks.

All of these issues must be addressed in an international OnlyFans management agreement. The aim is not to regulate every detail – this would not be possible given the large number of possible constellations. Rather, the contract must create a clear framework within which it is possible to react flexibly to the specifics of the individual case.

Without taking the international dimension into account, an OnlyFans management contract is of little value in a global context. A stable and successful relationship between model and management can only be established if the special features of cross-border cooperation are taken into account from the outset. This requires foresight, intercultural competence and the willingness to adapt to foreign legal systems and customs. But it’s worth the effort: a well-drafted international contract is the basis for a flourishing global OnlyFans business.

Chat access by third parties: Criminal law risks

A particularly sensitive aspect in connection with OnlyFans is access to chats between artists and followers by third parties. Intimate details and sensitive information are often exchanged here. If unauthorized third parties gain access to these chats, this can not only lead to serious violations of privacy, but can also result in criminal prosecution. Depending on the content of the chats and the type of access, criminal offenses such as spying on data or violating telecommunications secrecy can be committed.

A particularly problematic case is when a third party chats with followers on behalf of the model and the follower believes they are communicating directly with the model. Depending on the exact circumstances, this could even constitute a criminal offense of fraud. For example, if the follower assumes that they are receiving direct interaction with the model in return for their payment, but is actually only communicating with a third party, this may constitute fraud.

Even if the model herself is aware of this communication and may even have authorized it, this can be problematic. This is because for many followers, direct and personal contact with the model is a key reason for their payment. If this expectation is not met, this can be perceived as fraud, even if the model has technically agreed to it.

The contract must therefore ensure that communication with followers is transparent and authentic. If third parties are involved in the communication, this must be clearly communicated. Followers must know who they are actually interacting with.

Clear rules must be established as to when and to what extent third parties may access the chats and communicate on behalf of the model. It must be ensured that the model’s personal rights are protected and that no false expectations are raised among followers.

The contract should also provide for consequences if these rules are breached. Possible sanctions could include contractual penalties, claims for damages or even termination of the contract without notice.

A trusting relationship between model and followers can only be established if there is full transparency and the interests of all parties involved are safeguarded. Anything else not only risks legal consequences, but also undermines the authenticity and integrity that are essential for success on OnlyFans.

Conclusion: Trust is good, contract is better

An OnlyFans management contract is a complex construct that needs to take many different aspects into account. From data protection and remuneration to AI and internationality – there are many potential pitfalls that need to be avoided. It is therefore essential that the contract is drafted by an experienced lawyer who is familiar with the specifics of the OnlyFans business. This is the only way to avoid unpleasant surprises and ensure a successful, long-term collaboration between artist and manager.

Anyone who tries to draw up such a contract themselves or uses ready-made templates is taking a high risk. At best, this will lead to ambiguities and disputes, at worst to legal consequences. Therefore, our urgent advice: don’t take the drafting of an OnlyFans management contract lightly – rely on the expertise of an experienced lawyer. This is the only way to ensure that your interests are optimally protected and that nothing stands in the way of a successful collaboration. Invest in professional contract drafting – it is an investment in your future and that of your OnlyFans career.

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.