Sydney Gifford is suing Alyssa Sheel for allegedly copying her aesthetic, content style, and even her appearance, claiming it has harmed her earnings and follower growth. Sydney argues that Alyssa's similar content and look have caused confusion among their audiences, leading to lost sales and followers.
The 'clean girl' aesthetic is characterized by a minimalist, serene look featuring black, white, cream, and beige tones. It includes smooth, clean environments, glowing skin, glossy lips, gold jewelry, and neutral-toned clothing. This aesthetic is widely popular and emulated on social media.
Sydney Gifford earns a living through Amazon's influencer program, where she shares affiliate links to products. Every time a follower makes a purchase through her links, she earns a commission. Her content focuses on promoting Amazon products, and she has built a large following on Instagram and TikTok.
If Sydney wins, it could significantly expand copyright law by protecting not just identical content but also the 'vibe' or aesthetic of an influencer's work. This could lead to a chilling effect, where creators fear being sued for following trends or creating similar content, potentially stifling creativity and expression.
Alyssa Sheel denies copying Sydney, stating that she was not influenced by Sydney's content and that their similar aesthetics are a result of broader online trends. She also argues that their racial differences make it impossible for people to confuse them, countering Sydney's claim that Alyssa copied her appearance.
Algorithms on platforms like Instagram and TikTok push similar content to users, which can lead creators to emulate popular trends. Alyssa Sheel's defense suggests that her content may have been influenced by the algorithm rather than directly copying Sydney, raising questions about how much platforms shape creators' work.
Sydney Gifford's lawsuit includes claims of copyright infringement, trade dress infringement, unfair competition, interference with contract, and misappropriation of the right of publicity. She argues that Alyssa's content and appearance have infringed on her intellectual property and harmed her business.
Legal experts view the lawsuit as overreaching because it seeks to protect elements like aesthetic, tone, and style, which are not typically covered by copyright or trademark law. The claims, such as trade dress infringement for a color scheme or misappropriation of appearance, are seen as novel and difficult to prove.
If Sydney wins, it could lead to a surge in similar lawsuits, with creators sending cease-and-desist letters over perceived copying of aesthetics or styles. This could create a chilling effect, where creators avoid certain trends or styles out of fear of legal action, potentially stifling creativity and innovation in the influencer space.
By registering her social media posts with the copyright office, Sydney Gifford gains legal standing to claim copyright infringement. This step is unusual for influencers and strengthens her ability to send cease-and-desist letters and pursue legal action against Alyssa Sheel.
Two Amazon influencers are in a legal battle over whether or not one has appropriated the other’s aesthetic. The Verge’s Mia Sato breaks down the claims, and legal intellectual property expert Alexandra Roberts tells us what the lawsuit could mean for the future of content creation.
This episode was produced by Hady Mawajdeh, edited by Amina Al-Sadi, fact-checked by Laura Bullard, engineered by Andrea Kristinsdottir and Rob Byers, and hosted by Noel King.
Transcript at vox.com/today-explained-podcast)
Support Today, Explained by becoming a Vox Member today: http://www.vox.com/members)
Sydney Nicole Gifford and her mother, Laura, film a video promoting autumn decor from Amazon. Photo by Liam James Doyle.
Learn more about your ad choices. Visit podcastchoices.com/adchoices)