Tag: Copyright

Why OnlyFans and Other Models Should Know About BC’s Intimate Images Protection Act

Written by ERIK MAGRAKEN on March 31, 2023. Posted in Intimate Image Protection Claims, Intimate Images Protection Act, Removing Naked Images and Vidoes, Removing Nude Images and Videos.

This week BC passed the Intimate Images Protection Act.

This law gives victims of wrongful intimate image distribution powerful new remedies and rights to control their intimate images online.

The law is broad in its application. It captures activity such as revenge porn and other wrongful sharing of intimate images. The broad language may also give power tools to models and others that have their intellectual property shared beyond their consent.

If you have images behind an online paywall you consent to people that subscribe to view your images. You don’t consent to people stealing the images and reposting them for others to see outside of that paywall.

The BC Intimate Images Protection Act is worded so broadly it may provide a meaningful remedy in these circumstances (and one that is faster and potentially more effective that cumbersome copyright prosecutions).

If you can prove there is an ‘intimate image’ of you online, and you can prove that you do not consent to that image being ‘distributed’ in the way that it is the law gives you remedies. These include the ability to get a quick BC Civil Resolution Tribunal order that the image be removed. By whoever is posting it. Failure to abide by the order can give rise to claims of damages for the continued distribution. These damages can include claims for compensatory loss (ie lost income), and even aggravated and punitive damages.

If your intimate images are being shared without or beyond your consent get familiar with this law. If you want to learn more you can contact us for a free consultation.

Intimate Images Protection Act Now Law

Written by ERIK MAGRAKEN on March 31, 2023. Posted in Intimate Image Protection Claims, Intimate Images Protection Act, Removing Naked Images and Vidoes, Removing Nude Images and Videos.

The British Columba Intimate Images Protection Act, which was first introduced earlier this month, has now passed into law. It passed third reading and received Royal Assent on March 30, 2023.

This law was presented to the public as an anti revenge porn law. But it does so much more than that.

If you have an intimate image ‘distributed’ by others you can tell them to stop. Even if you previously consented to the sharing or distribution of the image you can revoke your consent. Anyone who refuses to abide by these wishes can be ordered to stop distributing the images. The law also gives victims the right to seek compensatory, aggravated and punitive damages for the unwanted distribution of their intimate images. It applies not just to actual images but even deep fakes and other damaging nude or sexual images.

MacIsaac & Company is proud to expand our legal services to provide victims of unwanted intimate image distribution assistance in sending demand letters, obtaining judicial or tribunal takedown orders, and litigation for damages.

Your Body. Your Choice. Even Online.