Federal Law And OnlyFans Policy are Not The Same

As content creators, we are often expected to be well-versed in many small legal matters. These laws are very complicated and often get more confusing when platforms like OnlyFans and credit card processing companies mix in their own rules. Most people know that the law says you have to be over 18 to get naked on camera. But there's so much more to that law, and those little details could land a content creator in some serious trouble.

U.S.C. Title 18, Section 2257 became law as part of the Child Protection and Obscenity Enforcement Act of 1988. President Ronald Reagan signed This act into law on November 18, 1988. The legislation was designed to strengthen existing laws against child pornography and to ensure that all performers in sexually explicit materials were of legal age, specifically 18 years or older, at the time of production.  This law has nothing to do with the type of content you produce. It only deals with the person being 18 or older.

When it comes to porn production, ensuring the protection of minors stands as a paramount concern for both lawmakers and industry stakeholders. At the heart of this protective legal landscape in the United States is U.S.C. Title 18, Section 2257, a pivotal statute that mandates stringent age verification processes for adult film and photograph performers. This legislation not only seeks to prevent the exploitation of minors but also imposes specific record-keeping requirements on producers. Here's an in-depth look at the law, its requirements, and its broader implications for the adult entertainment industry.

The law reflects a concerted effort to safeguard against the sexual exploitation of minors, addressing growing concerns over their involvement in pornographic content. In other words, it was the first time in our history that we had a law that not only said a person needed to be 18 at the time they produced porn but that they also had to be able to prove it with a legally acceptable form of photo identification that includes the person’s date of birth, which could be either a Driver’s license, a State-issued ID card, a US Passport, or Military ID.

But beyond just collecting their ID, adult content producers must maintain copies of this identification along with other pertinent information about the performers. This includes:

• The legal name and any aliases used by the performer
• The date of the production of the content in question
• The title or other identifying information about the content

Now, to be clear, this is a federal law. This law states that you must verify the person's age "at the time of production." A person doesn't magically get younger. So they only care about what age the person was when content was filmed, not when you distribute it, as it's only logical to assume if they were 18 when they filmed it, they didn't magically de-age and get under 18 when you later released said content on your website, or on a platform like OnlyFans. The producer satisfied the federal regulation as long as the ID was valid (not expired) at the time of production.

But as we all know, IDs expire every few years. So now what? Well, it depends on your situation. As many content creators have recently learned, federal law and OnlyFans policy are not the same. OnlyFans has decided that you can only distribute the scene in question as long as the ID is valid. Once their ID is expired, you can no longer use the content on OnlyFans.

Some content creators aren't too concerned with this because they think they can tag the other creator, which does satisfy the OnlyFans ID requirement. However, there are a few problems with this.

1. You've violated the law. The law requires you to collect the ID and maintain your own records.
2. What if they get banned on OnlyFans or decide to leave the platform and close their account? Now, you can't tag them.
3. What if they block you? This just happened to another content creator I know. Now, she can't tag the guy, so she can't use the content because she didn't collect his ID.
4. What if you want to use the content on another platform or on your own website? Can't do that if you don't have their paperwork.

Why does OnlyFans allow you to tag a creator if it doesn't satisfy federal requirements?

That's because they have their own laws to adhere to. And as they aren't the producers of the content in question, they aren't held to the same laws as you are. It's not their problem if you don't follow the law. OnlyFans (and other platforms like them) only have to worry about the laws that apply to them.

So, the long and short of it is: Always get the person's ID and your associated 2257 paperwork (as well as a model release). Stay compliant with the law.

But even if you are compliant with the law, that can still be an issue. It's like no matter what we do, there are always some obstacles for us to overcome. But I'm only sharing this information with you, not to frustrate you, but so that you can stay informed.

OnlyFans amended its model release policy in a way that may profoundly affect content creators on the platform. The change necessitates that all performers in any content must have a current, non-expired ID, regardless of when the content was created.

This decision by OnlyFans was implemented quietly, without any formal announcement, catching many creators off guard. The implications of this policy shift are significant. For instance, if a content creator filmed material with another performer whose ID expires shortly after, that content becomes unusable unless a new, valid ID is provided. This can be especially tough if the creator can't reach the person anymore, like if they're an ex-partner, have left the industry, or have passed away.

These new rules from OnlyFans extend beyond what is legally required. Federal law mandates that producers of sexually explicit content verify that all performers are of legal age at the time of content creation, a stipulation known as “2257 compliance” within the industry.

Producers must keep records of performers' legal ages, which include government-issued IDs, and these records must be available for inspection to ensure no underage individuals are involved in adult content.

I've attempted to contact OnlyFans no less than six times over the last two years to talk about this new policy without any luck. Taking it even further, I hired a lawyer who sent a letter to the OnlyFans legal team.

I gave them specific examples, like in the case of one performer, who was born in 1976 and has starred in nearly 80 movies that I own the rights to. This means I have multiple copies of her ID, including her passport and all other associated paperwork (as required by law). Not one or two, but 80! These were all valid IDs at the time of production.

She was in her late 20s and early 30s when she made those 80 scenes. But now, years later, her ID has expired. This means OnlyFans won't let me use those 80 scenes because she isn't on OnlyFans, so I can't tag her, and her ID that she gave back when she made the content has now expired.

APAG union representatives spoke with representatives from Visa for further clarification on their guidelines when they were requesting ID verification, and they clearly stated that they were more than happy as long as the content met federal guidelines.

This letter from my lawyer was sent to OnlyFand directly and to their lawyer, Larry Walters.  Neither responded to my lawyer.

I then sent the letter directly to you, and this is the response I got, which states that they do not accept 2257 release forms at all. This, of course, is not true, but it just goes to show content creators' frustration with platforms like OnlyFans, which don't have consistent policies or answers for all creators on their platforms.

Content creators have a lot on their plate already. They have to create and edit the content, maintain a social media presence, answer all of their DMs, manage a mountain of paperwork, and try and navigate through the never-ending confusing rules and regulations that platforms like OnlyFans put in place, even if those rules are contradictory to US laws.

I wish I could tell you that I have an answer for you, but sadly, I do not. All I can really say is do your best to stay compliant with the law. Because while platforms like OnlyFans come and go, violations of the law could land you in prison.