Creators Are Suing for Aesthetics Theft, now? A Look at Gifford v. Sheil

The recent case of Sydney Nicole Gifford v. Alyssa Sheil is making waves in the influencer world, as it’s the first lawsuit where one content creator is suing another for allegedly stealing her content style and aesthetic.

The legal battle between two popular influencers brings up important questions about the boundaries of intellectual property in the content creation industry.

The crux of the lawsuit revolves around the “Clean Girl Aesthetic,” a popular trend on social media platforms like Instagram and TikTok.

Gifford claims that Sheil, who is also an Amazon influencer and was part of the same local creator scene as Gifford, copied her style, feel, and overall vibe in a way that constitutes intellectual property theft.

She alleges that Sheil purposefully blocked Gifford from her feed so she could not see her actions and she offered up as proof several examples, including 30 times when Sheil posted the same look and products on her Amazon storefront as Gifford’s.

As part of the suit, Gifford has also registered copyright for each of the videos she believes are copied and is seeking $30,000-$150,000 for “mental anguish” and loss of income. She also requested a preliminary injunction to remove the videos of Sheil that she believes are replicated.

While the dispute has sparked debates among creators, this lawsuit could have far-reaching implications if the courts rule in favor of granting IP protection for something as subjective and fluid as aesthetic choices.

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The Nature of the Content Creation Industry

As I discussed in my video on the case, I believe it’s too soon to elevate content aesthetics, vibes, or feelings to the level of intellectual property protection.

The nature of the influencer and content creation industry is highly collaborative and built on a foundation of shared trends and templates.

Influencers often mimic each other’s styles, adapt similar editing techniques, and follow trending formats as part of staying relevant.

Allowing these elements to be protected under intellectual property law could hinder creativity and innovation in the digital space.

The content creation world thrives on inspiration, where creators look to each other for new ideas and ways to reach audiences.

From trending TikTok dances to popular Instagram presets, these elements belong to the larger culture of social media. If content aesthetics are granted legal protections, the ripple effect could lead to more lawsuits and claims over shared trends, restricting the freedom to create.

The Clean Girl Aesthetic Is Not New

Moreover, the Clean Girl Aesthetic, the basis of the lawsuit, is hardly a novel concept. As I argue in my video, this minimalist, fresh-faced look has been around for years and is not unique to one creator. If the courts were to uphold Gifford’s claim, it would not only set a dangerous precedent but also open Pandora’s box.

Suddenly, every popular aesthetic, from “cottagecore” to “dark academia,” could become subject to legal disputes.

Additionally, tools and presets that help create these aesthetics are already widely available. A simple search on platforms like Etsy reveals hundreds of Lightroom presets designed to achieve the Clean Girl Aesthetic.

These preset tools are available for anyone to purchase and use, proving that this particular aesthetic is not proprietary. If legal protections are granted to such aesthetics, it could disrupt not only content creators but also those selling tools and templates to help others create similar styles.

Final Thoughts

While the influencer industry is rapidly evolving, the law needs to remain flexible enough to accommodate this growth without stifling creativity.

Granting intellectual property protections for something as broad and subjective as content aesthetics could have unintended consequences, limiting the collaborative nature that defines the digital space.

In cases like Gifford v. Sheil, it’s critical to recognize that trends come and go, and style inspiration is meant to be shared.

Protecting individual aesthetics could have serious implications for the future of content creation.

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