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cover of episode Beige, don't kill my vibe

Beige, don't kill my vibe

2025/1/10
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Today, Explained

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A
Alexandra Roberts
M
Mia Sato
N
Noelle King
Topics
Noelle King: 本期节目讨论了两位亚马逊网红因为审美风格抄袭而引发的法律纠纷。一位网红指控另一位网红抄袭了她的视频风格、产品推荐以及个人形象,导致她损失了收入和粉丝。 Mia Sato: 网红Sydney Gifford主要通过亚马逊的合作推广产品赚钱,她声称另一位网红Alyssa Sheel抄袭了她的风格和产品,包括视频风格、产品推荐以及个人形象。Sydney Gifford已经将她的社交媒体帖子注册了版权,并向Alyssa Sheel发出律师函,最终提起诉讼。Alyssa Sheel否认抄袭,认为“基础款”审美风格无法被单一拥有,并且许多网红的内容都比较相似。如果Sydney Gifford胜诉,将对版权法产生重大影响,也引发了关于算法影响和网红内容艺术性的讨论。Sydney和Alyssa曾私下见过面,之后Alyssa屏蔽了Sydney,数月后Sydney发现Alyssa抄袭她的内容才决定起诉。 Alexandra Roberts: 该诉讼涉及版权侵权、不正当竞争等多个方面,法官拒绝驳回部分指控,这出乎意料。我认为Sydney Gifford的诉讼请求范围过广,成功的可能性很小,尤其是“个人形象抄袭”的指控。如果Sydney Gifford胜诉,将对其他内容创作者产生寒蝉效应,特别是资源匮乏的创作者更容易受到此类诉讼的影响。该案可能对平台责任和内容创作产生深远影响,例如平台是否需要采取措施来防止内容抄袭。 Mia Sato: 网红Sydney Gifford主要通过亚马逊的合作推广产品赚钱,她声称另一位网红Alyssa Sheel抄袭了她的风格和产品。Sydney Gifford指控Alyssa Sheel抄袭了她的视频风格、产品推荐以及个人形象,导致她损失了收入和粉丝。Sydney和Alyssa曾私下见过面,之后Alyssa屏蔽了Sydney,数月后Sydney发现Alyssa抄袭她的内容才决定起诉。Sydney将她的社交媒体帖子注册了版权,并向Alyssa发出律师函,最终提起诉讼。Alyssa Sheel否认抄袭,认为“基础款”审美风格无法被单一拥有。如果Sydney胜诉,将对版权法产生重大影响,也引发了关于算法影响和网红内容艺术性的讨论。

Deep Dive

Key Insights

What is the core issue in the lawsuit between Sydney Gifford and Alyssa Sheel?

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.

What is the 'clean girl' aesthetic that both influencers are associated with?

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.

How does Sydney Gifford make a living as an Amazon influencer?

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.

What are the potential implications if Sydney Gifford wins the lawsuit?

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.

What is Alyssa Sheel's defense against Sydney Gifford's claims?

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.

What role do algorithms play in the similarity of influencer content?

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.

What legal claims has Sydney Gifford made in her lawsuit?

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.

Why is the lawsuit considered a potential overreach by legal experts?

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.

How might this lawsuit impact other content creators?

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.

What is the significance of Sydney Gifford registering her social media posts with the copyright office?

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.

Chapters
Two Amazon influencers are locked in a legal battle. Sydney Gifford accuses Alyssa Sheel of copying her aesthetic, including her video style, product choices, and even her appearance. This impacts their livelihoods as their online presence is directly tied to their income.
  • Sydney Gifford, a successful Amazon influencer, sued Alyssa Sheel for allegedly copying her online aesthetic and content.
  • Gifford claims Sheel copied her video style, product choices, and even her appearance, impacting her income.
  • The case highlights the challenges of defining and protecting intellectual property in the online influencer space.

Shownotes Transcript

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)

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Sydney Nicole Gifford and her mother, Laura, film a video promoting autumn decor from Amazon. Photo by Liam James Doyle. 

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