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The influencer court case shaking up social media TikTok star accuses her rival of stealing her beige 'aesthetic' but are there shades of grey in US copyright law?

 


An influencer lawsuit has emerged between Sydney Nicole Gifford and Alyssa Sheil, centering on allegations that Sheil has been imitating Gifford's distinctive "neutral, beige, and cream aesthetic." This legal battle has drawn significant attention from fellow influencers, as their livelihoods are closely tied to their online personas.


**Background of the Dispute**

Gifford, 24, who boasts 900,000 followers across TikTok and Instagram, initially collaborated with 21-year-old Sheil, who has 440,000 followers, after meeting in Austin, Texas, in 2022. However, following a disagreement during a photo shoot in early 2023, Sheil blocked Gifford on social media. Subsequently, Gifford's followers began to point out striking similarities between their content.


In her lawsuit filed earlier this year, Gifford accused Sheil of not only mimicking her aesthetic but also replicating her product recommendations and even her mannerisms. Gifford describes her style as a "clean girl" aesthetic characterized by a minimalist wardrobe and organized lifestyle. She claims this alleged imitation has negatively impacted her earnings and is seeking up to $150,000 in damages for "mental anguish" and lost commissions from Amazon.


**Legal Proceedings**

The case has progressed through the U.S. District Court for the Western District of Texas. Recently, a judge ruled that Gifford's claims concerning copyright infringement and the right of publicity were sufficiently substantiated to move forward[1]. Gifford's legal team presented nearly 70 pages of side-by-side comparisons to support her allegations of Sheil's content duplication.

While experts are divided on the potential success of Gifford's case, some argue that it raises important questions about copyright law in the influencer space. Jeanne Fromer, an intellectual property law professor at New York University, noted that while Gifford's claims could hold up in court, proving intentional imitation may be challenging. The popularity of the "clean girl aesthetic" complicates matters further; it may be argued that any similarities between their content are coincidental rather than deliberate copying.


**Industry Implications**

This lawsuit is significant not only for the two influencers involved but also for the broader influencer industry. As Gifford stated in an interview with The Verge, she hopes her legal action will encourage creators to be more mindful about content originality. Conversely, Sheil has expressed frustration over what she perceives as gatekeeping within the influencer community, arguing that many creators share similar aesthetics without legal repercussions.

As this case unfolds, it poses critical questions about ownership in the realm of social media aesthetics and what might happen when new trends emerge. The outcome could set a precedent for how similar disputes are handled in the future.


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