Vibe Check: Copyright In The Influencer Era

An unusual case out of Texas raises an intriguing question (to read the full article, subscription may be required): Can you copyright a vibe?

In Gifford v Sheil, one influencer has brought a claim against another for copyright infringement, trade dress infringement and misappropriation of likeness, among other claims. Gifford alleges that Sheil is copying her minimalist, beige, "clean girl" brand on social media. She submitted several examples to demonstrate the similarities between the two accounts, including posts with parallel style, colouration and messaging, curated Amazon product lists and even a similar flower tattoo on their inner arms.

While Sheil's motion to dismiss the claim was partially granted, the court allowed the claims for copyright infringement and misappropriation of likeness to proceed to trial. The parties are now in mediation.