Battle of the Beige – Influencer Legal Action Tests Copyright Law
The Verge has posted a fascinating deep dive into a legal battle in the Amazon influencer space, centred around influencers Sydney Nicole Gifford and Alyssa Sheil. In a world where social media influencers shape trends and sell products with the power of a single post, a new lawsuit has brought the intersection of copyright law and influencer marketing into sharp focus.
The claim in Gifford v. Sheil (1:24-cv-00423) alleges that Sheil infringed on the rights of Gifford in a variety of different ways including infringement of both copyright and personality rights. At its core, the lawsuit accuses Sheil of appropriating Gifford’s minimalist style and copying the composition and subject matter of specific photos. Gifford trys to suggest that Sheil infringed on her style, composition and subject matter of her posts, and even styled her hair and photos in a way that lead to confusion between the two influencers.
The photos in question are a popular genre often described as the “clean aesthetic”, stylized, minimalist images typically featuring well-lit shots of products or people in serene, curated settings. This style is particularly prevalent on platforms like Instagram, where influencers often partner with brands to promote everything from beauty products to lifestyle items.
Despite the similarities between the two influencers and their social feeds, Gifford faces an uphill battle to prove her claims. The photos in question are largely generic in nature and involve widely available consumer goods available on Amazon, some of which themelves appear to be rip offs of famous brands.
Given that Copyright law protects specific images, not the underlying ideas, it is a challenge to imagine a court holding up the claim, particularly so with regards to the personality claim, where Gifford’s limited notoriety and the difference between the two influencers names, appearances and racial background seems to limit the potential for confusion.
Yet, despite the potential challenges faced by Gifford in her claim, the wider principle she is pursuing and the potential expansion of copyright law in this regard reflects wider issues around the appropriation of images and styles by AI and LLMs to train their models. While this case may fade back into the beige tinted sidelines, the underlying issues around the protection of rights for individual creators is likely to stay on the agenda for some time to come.
