1. OnlyFans is the owner of the works described above, and I am its agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
3. This notification is accurate.
Nothing in this notification shall serve as a waiver of any rights or remedies of OnlyFans with respect to the alleged infringement, all of which are expressly reserved.
/s/ Mark A. Bauman, Authorized DMCA Agent
Dated this 8th day of July, 2020.
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Hello,
According to the OnlyFans Terms of Service Section 1.7 "FIL [Fenix
International Limited] does not own User Content on OnlyFans". By filing
this DMCA, and claiming under penalty of perjury that you are the owner
of this content and are enabled to file DMCA takedown notices on its
behalf, you are claiming to possess this material beyond what is
understood in your own terms of service, and potentially demonstrating
your ownership for all User Content posted to OnlyFans.
I would like clarification of how FIL came to become the rights holder
for pictures of Nicholas Perry's anus, which he took himself. Did
OnlyFans buy the rights to pictures of Nicholas Perry's anus
specifically, or is FIL's terms of service non-representative of how the
business functions? If this is a mistake on your part, I would like a
reply in writing via email stating that this DMCA is in error and that
it is retracted.
Regarding the claim, on the assumption FIL owns these photos of Nicholas
Perry's anus, they are being used fairly. In the context of the Kiwi
Farms and the 107 page forum thread about Nicholas Perry, it is
necessarily to include these photos to understand his sharp decline as
both a YouTube content creator and as a person. The context of the
republication in full does matter, see Hughes v. Benjamin.
For servicing, send mail to:
Joshua Moon
913 Beal Pkwy NW
Suite A-1017
Fort Walton Beach, FL 32547
I swear under penalty of perjury that I have a good faith reason to
believe that a) "OnlyFans" is not the owner of these alleged works, and
b) the alleged works are used fairly.