Can the legal system protect the vibe of a creator? And what if that vibe is basic? November 27, 2024 at 10:57AM

But all of this — the videos, the big house, her earnings — could come crashing down: Sheil is currently embroiled in a court case centered on the very content that is her livelihood, a Texas lawsuit in which she is being sued for damages that could reach into the millions.

It has been stressful and confusing to navigate lawyers, having to defend herself against accusations lodged at her by another Amazon influencer: copyright infringement, tortious interference with prospective business relations, misappropriating another person’s likeness, among other accusations. Even with the lawsuit looming over her, Sheil is still confident that the industry is ripe with opportunity, that beneath all these ivory stools and black paintings is a gold rush. 

Despite how inescapably ubiquitous the influencer industry has become, there are relatively few norms and laws governing creators. What regulations do exist are poorly enforced. The rates that influencers command vary widely; creators, especially those with smaller followings, are left to their own devices as they negotiate with enormous corporations. Efforts at collective action or unionizing have mostly fallen flat. Laws around sponsored content and copyright exist, but creators bend or even ignore rules regularly. And although influencers are — naturally — influential, there remains a pervasive cultural stigma around their labor: influencers are seen as vapid, and their jobs are considered easy. The upshot is that the general public often has little sympathy for this group of workers, even though they are often exploited, and so they remain unprotected. When things go wrong for an influencer, it is risky to direct blame toward the corporations they cut deals with and close to impossible to direct it toward the audiences that rationalize their entire existence. Influencers may turn on other influencers not so much out of a desire for attention as it is a direct result of the material conditions under which they work. A case like the one between Gifford and Sheil, in other words, was a long time coming.

Mia Sato:

<p>[Alyssa] Sheil runs what is essentially a one-woman marketing operation, making product recommendations, trying on outfits, and convincing people to buy things they often don’t really need. Every time someone purchases something using her affiliate link, she gets a kickback. Shopping influencers like her have figured out how to build a career off someone else’s impulse buys.

She demonstrates how she might record a video showing off a pair of white mesh kitten heels: attach a phone to a tripod and angle the camera toward a corner in her home office where there is nothing in the background, just a blank wall and part of a chair. The shoes pop against the nothingness, new and clean and buyable. To show off an outfit, Sheil drags a full-length mirror in front of her and snaps into a pose; she is — quite literally — a pro. 

The only item in her home not from Amazon is an all-white canvas poster handmade by Sheil that hangs above her work desk. In big block letters, it reads, “I AM SO LUCKY.” Perched beneath this mantra, Sheil plugs away at her computer searching for Amazon products that fit her colorless world. 

But all of this — the videos, the big house, her earnings — could come crashing down: Sheil is currently embroiled in a court case centered on the very content that is her livelihood, a Texas lawsuit in which she is being sued for damages that could reach into the millions.</p>

The allegations, made by another influencer, are that Sheil has essentially copied the other one (the laundry list is like Single White Female, which they both are). The fact they used to know each other when in Austin, Texas may be material. And how it's heading to court, in a case alleging copyright infringement. High stakes for both.

Behind the scenes of a court battle for the “clean girl” look.

Behind the scenes of a court battle for the “clean girl” look.

"One Amazon influencer makes a living posting content from her beige home. But after she noticed another account hawking the same minimal aesthetic, a rivalry spiraled into a first-of-its-kind lawsuit. Can the legal system protect the vibe of a creator? And what if that vibe is basic?"

In a complaint filed in the Western District of Texas this spring, Gifford accuses Sheil of “willful, intentional, and purposeful” copyright infringement in dozens of posts across platforms like TikTok and Instagram. Gifford says there’s been a pattern of copying: days or weeks after she would share photos or videos promoting an Amazon product, Sheil shared her own content doing the same thing. In dozens of cases, Gifford says the angle, tone, or the text on Sheil’s posts ripped off hers. Exhibits submitted in court include nearly 70 pages of side-by-side screenshots collected by Gifford comparing her social media posts, personal website, and other platforms where she says Sheil copied her. …

Gifford’s suit includes a wide range of charges beyond copyright infringement. She also accuses Sheil of the misappropriation of her likeness — that is, changing her appearance to look more like Gifford — and profiting from it. Gifford also says Sheil replicated her content style that has come to be associated with her brand and public image. …

Gifford maintains that she handpicked all of the items named in her suit and that she didn’t rely on Amazon-issued lists around sale periods to find the items she says Sheil copied from her. …

It’s plausible, in theory, that Sheil and Gifford just happened to select similar items to review and promote on social media, especially with Amazon’s guiding hand. But when presented side by side, one can’t help but notice the overlap.

Still, even with similar or nearly identical posts, it’s unclear whether Sheil actually infringed on Gifford’s intellectual property — Sheil didn’t repost any of Gifford’s actual images or videos. The posts just feature the same products, in similar settings. …

If Gifford’s legal argument is successful, it could mean any influencer making content in an established genre could be liable — even though, in general, copyright law limits liability for use of genre tropes. …

But she has an uphill battle in proving there is something in her work that she has legal ownership over in the first place. Sometimes, you can be so basic that copyright law doesn’t even protect you.

Can the legal system protect the vibe of a creator? And what if that vibe is basic? via Pocket

Behind the scenes of a court battle for the “clean girl” look.

Rewatching Kim Kardashian’s multiple home tour videos, the most recent of which is from 2022, it’s clear just how influential she’s been for generations of women. Her home, like Gifford’s and Sheil’s, is completely monochromatic in beige and cream. In her tours, she’s wearing neutral clothing that matches the decor. A bouclé armchair that Gifford has in her home appears to be a copy of a similar chair that’s featured prominently in Kardashian’s tour. Kardashian speaks of a minimal, quiet home that makes her feel calm — I’ve heard that more than once before.

These are not vintage Jean Royère wool armchairs; they are $800 decent-looking dupes

Amazon influencers like Gifford and Sheil don’t make content just to inspire people. They post on TikTok and Instagram to redirect audiences back to Amazon. In some ways, it is the most ruthless version of influencer