- The DMCA (Digital Millennium Copyright Act, 1998) gives hosts a safe harbour from copyright damages if they remove infringing material promptly on notice (17 U.S.C. § 512).
- A valid notice identifies the work and the exact URLs, and includes a good-faith statement and a statement of accuracy under penalty of perjury, signed.
- The uploader can send a counter-notice: the host must then restore the material within 10 to 14 business days unless the rights holder sues.
- The UK and the EU have no DMCA, but hosts lose their protection if they do not act on notice; since May 2026 the US TAKE IT DOWN Act adds a 48-hour removal duty for intimate images.
Texts and figures checked on September 12, 2026. Sources are listed at the end of the article.
The DMCA (Digital Millennium Copyright Act) is a 1998 US copyright law. In the creator economy, "filing a DMCA" means sending a host, a social network or a search engine a takedown notice asking it to remove an unauthorised copy of your content, typically leaked OnlyFans material.
Origin and meaning
Section 512 of Title 17 of the US Code struck a bargain that still shapes the internet: a host is shielded from monetary liability for its users' copyright infringements, provided it removes material promptly once notified. Hence "notice and takedown".
A valid notice contains, in substance, six elements: a physical or electronic signature of the rights holder or their agent; identification of the work copied; information precise enough to locate the material (the exact URLs); your contact details; a statement that you believe in good faith the use is unauthorised; and a statement, under penalty of perjury, that the information is accurate. It goes to the host's designated agent, listed in the US Copyright Office's public directory.
The uploader can reply with a counter-notice. The host must then restore the material no sooner than 10 and no later than 14 business days afterwards, unless you inform it that you have filed a court action. Section 512(f) keeps both sides honest: anyone who knowingly misrepresents facts in a notice or counter-notice pays the resulting damages, costs and fees.
On OnlyFans
The DMCA is the basic tool against leaks because it rests on copyright. A creator who shot her own photos and videos owns them, and does not have to prove an invasion of privacy, which US hosts handle far less readily. It works against leak sites hosted in the US, file-sharing platforms and search engines, most of which apply it whatever country the creator lives in. OnlyFans' Terms also allow the platform to send infringement notices on a creator's behalf, without obliging it to.
Takedown services that file notices in bulk are lawful. Read what they actually do, what they charge and which accounts they want access to before you sign anything.
What the law says
United States. Since 19 May 2026, platforms covered by the TAKE IT DOWN Act must also run a process for removing intimate images published without consent, and take them down with known copies within 48 hours of a valid request. This route rests on consent rather than copyright, and is enforced by the FTC.
United Kingdom. There is no DMCA. Copyright infringement falls under the Copyright, Designs and Patents Act 1988, and a host keeps its protection from liability only if it acts expeditiously to remove unlawful material once it knows about it (regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002). Sharing an intimate image without consent is also a criminal offence under section 66B of the Sexual Offences Act 2003, in force since 31 January 2024.
European Union. Notices to hosts follow article 16 of the Digital Services Act: a substantiated explanation, the exact URLs, your name and email, and a good-faith statement. The full process, including evidence, is in our guide on what to do about a leak.
Mistakes to avoid
- Sending a notice without a dated screenshot: if the site removes the content and reposts it, your evidence is gone.
- Pointing at a homepage instead of the exact URLs: an incomplete notice is the easiest one to ignore.
- Filing for content you do not own, such as photos taken by someone else with no written assignment: the rights holder must act.
- Forgetting search engines: delisting cuts visibility while removal at source runs its course.
Related terms
A takedown answers the leak and the watermark, both defined in our OFM glossary. Where intimate images are used to blackmail, see sexting.
Frequently asked questions
What does DMCA mean?
Can I use a DMCA takedown if I live in the UK?
What happens after a DMCA counter-notice?
Sources and legal texts
- Section 512 of Title 17: notice-and-takedown, counter-notices and misrepresentation U.S. Copyright Office
- 17 U.S. Code § 512, Limitations on liability relating to material online Legal Information Institute, Cornell Law School
- Take It Down Act enforcement starts now: what to know about the FTC and TIDA Federal Trade Commission, 19 May 2026
- The Electronic Commerce (EC Directive) Regulations 2002, regulation 19 (hosting) legislation.gov.uk
This article is general information and does not replace advice tailored to your situation. OFM Legal is not a law firm: court proceedings are handled by our partner lawyers.
