An influencer has filed a US lawsuit claiming that a rival social media star has been copying her neutral "vibe".
Sydney Nicole Gifford and Alyssa Sheil are fighting a vicious battle of the beige, and other influencers are "watching closely", said The Independent, because their own incomes are also "tied up with the image they 'sell' online".
Gifford, 24, who has 900,000 followers on TikTok and Instagram, met Sheil, 21 (with 440,00 followers on the same two channels), in Austin, Texas in 2022 and they agreed to team up – or "collab" – on some content, said the Daily Mail. But early last year, after a dispute over a photo shoot, Sheil blocked Gifford, and then Gifford's followers began to tell her that Sheil's content looked the same as hers.
In a legal complaint filed this year, Gifford accused Sheil of duplicating her "neutral, beige and cream aesthetics", and mimicking everything from her Amazon product recommendations to her poses, outfits, tattoos "and even her manner of speaking", said The Independent.
Similar cases have had "surprising outcomes" in the past, according to The New York Times, with courts ruling different ways on different disputes. There doesn't seem to be a test for copyright infringement that is "mathematically precise in any way", said Professor Jeanne Fromer of the NYU School of Law.
Of course the case may not even make it to court, but it still poses an important question for the influencer industry, added The Independent: "What happens when another photogenic, algorithm-friendly aesthetic comes along" and, "when it does, who will own" the vibe? |