In this digital age, content creators rely on their original works to build audiences and generate income. Platforms like Twitch, YouTube, OnlyFans and others empower creators to connect directly with audiences. But with increased exposure comes increased risk, especially from individuals who copy, share or profit from a creator’s copyrighted content without the creator’s permission. Understanding your rights as a creator is one part of the equation to making content creation a viable and lucrative career, whether you’re streaming gameplay with commentary, creating subscription-based content or posting your videos to YouTube or TikTok.
Understanding Copyright
A copyright is a legal right that automatically protects original works of authorship, like videos, images and music, the moment they are created and fixed in a tangible medium, such as saved to a computer or streamed to an audience. As a content creator, you own the copyright to any original content that you produce, unless you’ve signed an agreement that in some way transfers those rights. This means that you control where, when, how, and why the content is published and are entitled to the revenues derived from the content. This also means that others cannot legally copy, distribute, modify, or display your content without your permission.
Once the content is fixed in a tangible medium, it is protected under United States and international law. While you do not need to register your content for it to be protected under United States’ copyright law, registration has its advantages, such as enabling you to sue for statutory damages for copyright infringement, establishing ownership if there is a dispute, and deter potential infringers.
Copyright Infringement & Enforcement
Generally, copyright infringement is actionable when someone uses your copyrighted material, such as a livestream, video clip, photo or other original media, without your permission. This may include:
- Reposting Twitch streams on YouTube or TikTok.
- Sharing exclusive OnlyFans content on forums like Reddit or pirate sites.
- Screen recording or screenshots shared without consent.
- Creating derivative works using your content.
- Selling access to your copyrighted material.
While platforms are designed to empower content creators, the core issue remains—your copyrighted content can be stolen and redistributed without your control. Platforms may provide creators with tools for removal of content that has been published without authorization, but other tools exist as well, such as the Digital Millennium Copyright Act (DMCA).
The DMCA allows the removal of content from websites that host it without the copyright owner’s consent. Most major platforms have dedicated forms and channels for DMCA takedown requests.
Beyond the DMCA, you may consider initiating a civil action against an infringer. If so, the following penalties may apply:
- Actual Damages: You can sue to recover the money you lost due to the infringement or the profits the infringer made.
- Statutory Damages: If your work is registered with the U.S. Copyright Office before the infringement (or within 3 months of publication), you can choose statutory damages instead of proving actual loss. These range from:
- $750 to $30,000 per work.
- Up to $150,000 per work if the infringement is found to be willful.
- Attorney’s Fees and Court Costs: Courts may also require the infringer to pay legal costs, especially if they acted intentionally.
Cease-and-desist letters can be a useful tool to put the infringer on notice and demonstrate willful and/or intentional infringement of the copyright. Courts can also issue orders requiring the infringer to stop posting your content, remove it from the internet or destroy all unauthorized copies. But, as a first step, when noticing infringement, preserve the URLs of infringing content, take screenshots with time and date stamps and utilize services to watermark and/or save the creation date of your original work.
Protecting Your Content
As a digital creator, your content is your brand and your livelihood. In an era where sharing happens at the speed of a click, copyright protection is more than a legal formality, it’s a strategic defense. By understanding your rights, using available tools and taking proactive steps, you can reduce the risk of content theft and assert control over your creative output.
Whether you stream games to thousands or have built a dedicated subscriber base, your work is your property. Protect it like it matters — because it does.
Contact
If you believe your content has been used without permission or want to better protect your creative rights, contact KJK Partners Kyle Stroup (KDS@kjk.com) and Alex Jones (AEJ@kjk.com).