Intellectual Property Rights in Pornographic Content Creation: Are Your OnlyFans Your Only Fans?

Document Type

Article

Publication Title

Intellectual Property Rights in Pornographic Content Creation: Are Your OnlyFans Your Only Fans?

Abstract

The COVID-19 pandemic forced a rapid transition into remote work, which affected many employees, including sex workers. Consequently, digital products, services, and platforms grew exponentially. Because in-person interaction posed various health threats, mandatory lockdowns were implemented, and sex workers had to turn to websites such as OnlyFans to support themselves financially. The increase of content creators on websites such as OnlyFans was not only a reflection of the increasing presence of sex workers online but also of individuals without sex work experience using OnlyFans to supplement or replace their income. Simultaneously, the “Crypto Boom” caused Bitcoin and cryptocurrency prices to surge due to macroeconomic instability concerns. Fueled by the rise of digital currencies, Artificial Intelligence (“AI”), and Web3, the online sex work industry is redefining content creation and consumption within the realm of intellectual property.

With the increasing participation in online sex work comes various concerns related to copyright infringement, privacy, cryptocurrency, and AI. The first part of this Article will analyze various factors contributing to the increase in online sex work. This Article will then discuss the evolution of sex work in relation to technological innovation. Following, it will go on to analyze concerns about copyright, privacy, cryptocurrency, and AI as it relates to online sex work. This Article will also briefly discuss different mental health and safety concerns that come with the increasing participation and acceptance of online sex work. Finally, this Article will end with an analysis of what can be done to ensure safe sex work and intellectual property protection through culturally competent legal representation.

First Page

309

Last Page

353

Publication Date

2024

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