Social media aesthetic copyright case heads to court

4 hrs ago

Kennedy Felton Lifestyle Correspondent/Producer

By Kennedy Felton (Lifestyle Correspondent/Producer), Bast Bramhall (Video Editor)

Can you copyright a social media aesthetic? That’s the question in a legal battle between influencers Sydney Gifford and Alyssa Sheil. Gifford claims Sheil copied her “sad beige” vibe, including her content’s minimalist look, curated shopping lists and product recommendations.

Gifford claims brand under threat

Sydney Gifford, known for her “sad beige” aesthetic, has built a strong online presence with over 900,000 followers on TikTok and Instagram. Her neutral-toned content has landed partnerships, including affiliate deals with Amazon.

In April, Gifford filed a lawsuit against Sheil, accusing her of mimicking her aesthetic so closely that it caused Gifford to lose profits and endure mental distress.

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The “beige girl aesthetic” is part of the larger “clean girl” trend, which gained momentum in 2022. Stars like Hailey Bieber and Sofia Richie Grainge have popularized the minimalist style.

Legal challenges in proving ownership

Proving copyright infringement for an aesthetic is challenging. According to an associate law professor quoted by The Verge, Gifford must demonstrate her content’s unique creative elements are protectable.

Exhibits submitted to the court reportedly include Gifford’s styled images. However, since the exhibits aren’t direct replicas, the court will need to examine the overall creativity and staging.

Sheil denies allegations

Sheil, with nearly 500,000 followers, denied the allegations. Her attorney called the lawsuit “a case of jealousy.”

Sheil told The Verge there’s room for everyone in the influencer industry, especially within Amazon’s affiliate program.

Notably, Sheil’s TikTok account appeared banned as of Tuesday, Dec. 10.

Lawsuit moves forward

In November, a Texas judge allowed Gifford’s lawsuit to proceed. Bloomberg Law reported U.S. District Judge Robert Pitman will oversee the case, which is set for further litigation.

Tags: amazon, Copyright infringement, Copyright law, Instagram, Instagram, Lawsuit, Social Media, Texas, TikTok

[KENNEDY FELTON]

CAN YOU *REALLY COPYRIGHT AN AESTHETIC? THAT’S THE QUESTION AT THE HEART OF A LAWSUIT INVOLVING TWO SOCIAL MEDIA INFLUENCERS… WITH ONE CLAIMING THE OTHER STOLE HER *SIGNATURE “SAD BEIGE” VIBE._ BUT IS IT CREATIVITY… OR COPYING?

SYDNEY GIFFORD HAS MORE THAN 900-THOUSAND FOLLOWERS ACROSS TIK-TOK AND INSTAGRAM… BUILDING HER BRAND AROUND THE MINIMALIST “SAD BEIGE” AESTHETIC. HER CONTENT – FEATURING NEUTRAL TONES, CURATED SHOPPING LISTS, AND HOME DECOR – LANDED HER LUCRATIVE PARTNERSHIPS… INCLUDING AFFILIATE PROGRAMS LIKE AMAZON._

BUT IN april of this YEAR… GIFFORD FILED A LAWSUIT AGAINST INFLUENCER – ALYSSA SHEIL – ACCUSING HER OF COPYING EVERYTHING FROM VIDEO FRAMING TO PRODUCT RECOMMENDATIONS. GIFFORD SAYS SHEIL’S POSTS MIMIC HER SO CLOSELY THAT IT’S HARMING HER BRAND – LEADING TO LOST PROFITS AND EVEN MENTAL ANGUISH._

THE “BEIGE GIRL AESTHETIC” IS PART OF A BROADER “CLEAN GIRL” TREND… THAT GAINED TRACTION IN 20-22.-

IT EMPHASIZES A MINIMALIST AND EFFORTLESS AESTHETIC THAT’S BOTH EASY YET SOPHISTICATED.

CELEBRITIES LIKE HAILEY BIEBER AND SOFIA RICHIE GRAINGE HAVE BEEN KEY IN POPULARIZING THE TREND.

BUT THE BIG QUESTION IS – CAN GIFFORD PROVE OWNERSHIP OF HER AESTHETIC? AN ASSOCIATE PROFESSOR OF LAW TELLS THE VERGE… IT MAY BE HARD FOR THE PLAINTIFF – SYDNEY GIFFORD – TO PROVE HER CONTENT IS PROTECTED BY COPYRIGHT.

SOME OF THE EXHIBITS OBTAINED *BY THE VERGE SHOW IMAGES SUBMITTED TO THE COURT BY GIFFORD. SINCE THE IMAGES ARE NOT REPLICAS… THE CREATIVE IDEA AND HOW THINGS WERE STAGED WILL BE LOOKED AT.

MEANWHILE SHEIL HAS NEARLY 500-THOUSAND FOLLOWERS OF HER OWN ACROSS INSTAGRAM AND TIK-TOK… THOUGH AS OF TUESDAY – HER TIK-TOK ACCOUNT APPEARS TO BE BANNED.

HER ATTORNEY RESPONDED TO THE ORIGINAL FILING BACK IN AUGUST… DENYING ALL ALLEGATIONS AND CALLING THE LAWSUIT A CASE OF JEALOUSY.

THE FILING ALSO MENTIONS WHEN THE TWO FIRST MET… IT WAS GIFFORD WHO ASKED *SHEIL QUESTIONS RELATED TO CONTENT CREATION.

WHEN SPEAKING TO THE VERGE… SHEIL SAYS SHE THINKS THERE’S ENOUGH SPACE – AND MONEY – FOR EVERYONE IN THE AMAZON INFLUENCER PROGRAM.”

IN NOVEMBER… A JUDGE RULED THAT GIFFORD’S ORIGINAL COMPLAINT *CAN MOVE FORWARD… SETTING THE STAGE FOR A COURT BATTLE. BLOOMBERG LAW REPORTS THIS MATTER WILL NOW BE IN THE HANDS OF U-S DISTRICT COURT JUDGE OF TEXAS – ROBERT PITMAN – FOR FINAL DISPOSITION.