Can you copyright a social media aesthetic? That’s the question in a legal battle between influencers Sydney Gifford and Alyssa Sheil. Gifford claims Sheil copied her “sad beige” vibe, including her content’s minimalist look, curated shopping lists and product recommendations.
Gifford claims brand under threat
Sydney Gifford, known for her “sad beige” aesthetic, has built a strong online presence with over 900,000 followers on TikTok and Instagram. Her neutral-toned content has landed partnerships, including affiliate deals with Amazon.
In April, Gifford filed a lawsuit against Sheil, accusing her of mimicking her aesthetic so closely that it caused Gifford to lose profits and endure mental distress.
The “beige girl aesthetic” is part of the larger “clean girl” trend, which gained momentum in 2022. Stars like Hailey Bieber and Sofia Richie Grainge have popularized the minimalist style.
Legal challenges in proving ownership
Proving copyright infringement for an aesthetic is challenging. According to an associate law professor quoted by The Verge, Gifford must demonstrate her content’s unique creative elements are protectable.
Exhibits submitted to the court reportedly include Gifford’s styled images. However, since the exhibits aren’t direct replicas, the court will need to examine the overall creativity and staging.
Sheil denies allegations
Sheil, with nearly 500,000 followers, denied the allegations. Her attorney called the lawsuit “a case of jealousy.”
Sheil told The Verge there’s room for everyone in the influencer industry, especially within Amazon’s affiliate program.
Notably, Sheil’s TikTok account appeared banned as of Tuesday, Dec. 10.
Lawsuit moves forward
In November, a Texas judge allowed Gifford’s lawsuit to proceed. Bloomberg Law reported U.S. District Judge Robert Pitman will oversee the case, which is set for further litigation.