Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 24, Issue 18
Share on Social
Protecting Digital Content in the Age of Social Media
By Kimberly McLean
In the digital age, social media has become a powerful platform for content creation, enabling individuals and businesses to reach wide audiences. Platforms like Instagram, TikTok, and YouTube have made it easy for anyone with a smartphone and an internet connection to create and share content. These platforms have democratized content creation, paving the way for a new breed of celebrities called influencers or content creators who build their brands through unique and engaging content.
One of the biggest challenges for influencers is the demanding process of continually producing new and engaging content. This task requires a significant investment of time and resources to consistently captivate their audience. Shows like The Hype House, The Impact New York, and Influenced offer an inside look at the rigorous challenges influencers face.
Many influencers monetize their social media presence through sponsored posts, advertisements, and brand collaborations, and unauthorized use of their content can lead to financial losses. For this reason, it is very important for influencers to protect their digital content including photos, videos, music and written posts (through copyright registrations).
Recently, the New York Post reported that a lawsuit, which “could be a first of its kind accusing another content creator of duplicating her TikTok, Instagram and Amazon Storefront posts,” has been filed in Texas. Influencer Sydney Nicole Gifford is suing influencer Alyssa Sheil for replicating posts on the @sydneynicolegiff Instagram account, TikTok account, and Amazon Storefront. Ms. Gifford claims that the copied posts include content that has been registered with the Copyright Office.
Copyright law prohibits the unauthorized use of protected works, including images, photos, videos, and written content, ensuring that creators can control how their work is used and benefit financially from their creations. When content is registered with the Copyright Office, it provides creators with the legal foundation to enforce their rights and seek remedies for infringement, including damages and injunctions. Unauthorized copying and distribution of such registered works can lead to serious legal consequences for the infringers, highlighting the importance of respecting intellectual property rights in the digital age.
While a copyright automatically exists upon creation of an original work, copyright registration is a prerequisite to filing a lawsuit for copyright infringement, except in cases involving a non-U.S. work.
In addition to registration, content creators can employ other strategies to protect their work. Adding watermarks to images and embedding metadata in digital files can help establish ownership and make it easier to track unauthorized use. For collaborations and partnerships, creators should use legal agreements that clearly define IP rights and usage terms. This helps prevent disputes and ensures all parties understand their rights and obligations
Only time will tell the outcome of the “influencer” lawsuit, but the takeaway is to remember to register your digital content with the Copyright Office to protect it from copycats and preserve a recourse if copyright infringement occurs. This is important not only for influencers but for all content creators.
As social media continues to evolve, the protection of content creation remains a critical issue. By understanding the challenges and implementing effective strategies, content creators can better safeguard their intellectual property and ensure their work is used appropriately. While the digital landscape presents unique obstacles, a combination of legal measures, platform tools, and community education can help protect the valuable creations shared on social media.
Kimberly McLean is Of Counsel with Fishman Stewart and has over 20 years of experience in IP law, focusing on patent prosecution and counseling in electrical arts, including software, cloud computing, blockchain, multimedia systems, autonomous vehicles, and AI. As a former primary patent examiner, she leverages her insider knowledge of the PTO to achieve successful outcomes for her clients.

Related Content from Fishman Stewart
Fishman Stewart PLLC is pleased to announce that firm partner Barbara Mandell has been named to the Leaders in the Law, class of 2026, by Michigan Lawyers Weekly.
Before a brand makes headlines for the right reasons, it helps to make sure someone else doesn’t already own the name. A recent dispute involving Tesla offers a timely reminder that a great brand name can become an expensive problem.
One second became a surprisingly complicated piece of technology, intellectual property and sports governance in the 2026 collegiate season opening game.
Fishman Stewart PLLC, celebrating 30 years of business in 2026, is pleased to announce that three partners have been named to the 2026 Michigan Super Lawyers list, and another partner continues on the Rising Star list.
Fishman Stewart PLLC is pleased to share that three firm attorneys have been named to the debut Michigan Legal 250 list, bolstering its reputation as a premier IP law firm.
With the end of Hot Dog Season quickly approaching, now is a good time to reflect on the innovative new growth that made this season what it is today.
Fishman Stewart is pleased to announce that four firm partners have been included in The Best Lawyers in America, 2027 edition.
Fishman Stewart is pleased to announce that three firm partners have been named IP Stars for 2026 by Managing IP. In addition to the individual recognitions, the firm earned a repeat recognition as Highly Recommended in the area of Trademarks.
The Ninth Circuit just reversed course on Jack Daniel's dilution claim against the 'Bad Spaniels' dog toy, vacating the injunction and ruling that parody humor alone doesn't prove reputational harm. Here's what the decision means for brand owners pursuing tarnishment claims.
Despite the millions of dollars in potential sponsorships, college athletes may be leaving money on the table if they don’t scrutinize the fine print in their sponsorship contracts.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
