First I don’t think the distinction between OC and non-OC content is clear.
it’s unrealistic to expect people to stop and secure permission before posting.
Here's how I see the distinctions - will try to put some of this into sidebar too later if this makes sense - after suggestions, recommendations, edits, etc. Whew!
- OC is content that is created by an individual (amateur or seller i.e. Onlyfans, Fansly, etc), depicting themselves (with or without friends or other OCCs), and not afflated with a professional studio like MetArt, FTVGirls. For this type of content, I always recommend OCC to watermark with the username (or selling account), but hopefully in tasteful and not obnoxious ways.
- Non-OC: anything that is not the above, but grouped this way in my mind:
- a. Professional studios/paysites content watermarked as such: i.e. Metart, Femjoy, Hegre, etc.
- b. Stuff you find "somewhere" on the web or various other social media places where the content is not of youself, and no identification of model names, age, etc. Most of this may be also be stuff with studio watermarks cropped out (intentionally or not), amateur content scraped off sites such as various Reddit GW subs (where watermarking is prohibited) and redistributed elsewhere by spammers or ad-supported sites "reselling" such content. Or worse, illegal content that you may not even know is illegal.
- c. OC content that is marked/belong to someone else. Like material at Flickr that is blocked from being "shared" or Instagram. Some may have been scraped off Reddit subreddits where watermarking is allowed.
1 and 2c are where some indication of consent is requested/required to comply with lemmyNSFW instance-wide rules, even if the user is not here on Lemmy. Some models may freely have given permissions cart blanche or privately, so you can provide such indication. When in doubt and you are too lazy, don't post
2a content is generally shared under DMCA fair-use practice and won't require consent permission.
- (The following is my interpretation only, based on experience, and is NOT legal advice) as long as you are not sharing the whole body of work and ripping off the studio by sharing entire imagesets, etc, most studios recognize that such sharing is going to be done and treat that as "free" promotional material for their brand(s).
- I've moderated several studio-focused subreddits on Reddit (such as r/Hegre, r/FTVGirls, Metart, ALSScan ...) and have gotten explicit acknowledgment from some of the studio representatives that they are generally OK with that practice as long as single (or a few) images are shared with logos intact to provide due credit of their work. I have my own mental list of which studios don't do DMCA claims for normal sharing and which ones do.
(Most of you Redditors may know of the situation recently with Mind-Geeks owned brands such as pornhub, Brazzers - which were wholesale 100% DMCA claimed on Reddit - here's a good read, as well as some context )
2b is stuff that may be "fun" and "exciting" to share, but also carry many risks as you have no idea under what context these images may be taken: revenge porn, non-consensual, potenially underage, etc., and would go against rule 5 (Rule Five) No Non-Consensual Content of overall lemmyNSFW rules
- Obviously, this is our overall biggest concern as one or a few of these images showing up in this instance can potentially take down an entire community/instance - so yes, some of it is CYA, but necessary.
- My recommendation would be to don't post these - no matter how tempting. Mods and Instance admins have the obligation to not allow such postings and will/can remove such as well as ban posters of such. Some communities may decide to not worry or care about any rules including about age verifications, but that's an entirely different matter outside of here.
Whew - hope this helps. I'm sure I've missed some distinctions and special cases....