Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 25, Issue 2
Share on Social
The Great Beige-Off: Influencer Sues for ‘Vibe’ Infringement
By Kristyn Webb
Influencer Sydney Nicole Gifford has sued another influencer, Alyssa Sheil, for copyright infringement after Sheil posted images similar to Gifford’s images on various platforms like Instagram, TikTok, Amazon Storefront, and Bio.Site. Gifford claims, among other things, that Sheil copied over 60 of her social media posts, replicating the aesthetic and content of Gifford’s brand. This includes the neutral, beige, and cream color scheme that is central to Gifford’s brand identity.
Generally, copyright protects the specific expression of ideas, such as the arrangement and presentation of visual elements, but it does not protect general concepts or styles. A key issue in this case is whether Sheil’s posts are sufficiently similar to Gifford’s original works to constitute copyright infringement. Gifford claims that Sheil’s posts are nearly indistinguishable from her own, suggesting that Sheil copied the specific expression of Gifford’s beige aesthetic rather than merely adopting a similar style. Sheil, on the other hand, argues that her “clean girl” aesthetic predates Gifford’s appearance on the fashion scene, and that Gifford’s allegations of copying are nothing more than a manifestation of Gifford’s jealousy over Sheil’s success.
So far Gifford has managed to avoid having her copyright-related claims dismissed outright. However, this case is in early stages, so we will have to wait and see which influencer has more persuasive power with the court. In the meantime, the complaint is online, with side-by-side comparisons of the posts. Take a look and send us your thoughts on who, if anyone, should win the title for “Most Basic.”
Kristyn Webb is an attorney with Fishman Stewart’s Copyright Practice Group, and holds a master’s degree in copyright law from King’s College London.
Related Content from Fishman Stewart
Dedicated to raising public awareness about the importance of encouraging innovation and creativity throughout the world, the World Intellectual Property Organization (WIPO) annually observes World Intellectual Property Day on April 26 to showcase the role that patents, trademarks, industrial designs, copyrights and trade secrets play in our everyday lives.
Hold onto your foam fingers, sports fans – college sports just got a whole lot more interesting! The latest updates to Name, Image, and Likeness (NIL) rules are making student-athletes bigger than ever, and it’s not just about the game anymore.
Did a federal court in Louisiana recently decide that US copyrights are global rights? It seems so.
One of his most famous songs, “Lose Yourself” was recently at the center of a lawsuit. In 2019, Eminem’s publishing company Eight Mile Style sued Spotify claiming that Spotify streamed a number of its musical compositions without proper licenses.
One of the most common challenges is whether AI should be free to train on data that is protected by copyright and owned by third parties without first obtaining permission.
The U.S. Copyright Office (USCO) recently published its latest report on AI and “copyrightability.” In short, the USCO considers only some AI-generated works to be sufficiently creative as to deserve copyright protection, and thus, registration.
Back in the 1940’s assignments by independent contractors could be permanent and irrevocable. Things changed in 1976, when Congress overhauled the Copyright Act.
Generally, copyright protects the specific expression of ideas, such as the arrangement and presentation of visual elements, but it does not protect general concepts or styles.
In the age of the internet, memes are a universal language. A meme is a piece of content, typically an image, video, text, or a combination of these, that spreads rapidly across the internet, often with humorous, relatable, or satirical undertones.
In the US, Thanksgiving is quickly approaching. For many, Thanksgiving and (American) football go hand-in-hand, with the Detroit Lions’ game as much a staple of the holiday as turkey and pie. However, this year’s game arrives amid controversy: Lions’ legendary Hall of Famer Barry Sanders is facing a lawsuit alleging copyright infringement.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
