Beyond the Lawsuit: What the Amazon Influencer Case Means for Creators

Plus, must-know strategies to thrive in a crowded content landscape

Author

Shira Lazar
December 01, 2024

Hey Alpha fam! Hope you all had an amazing Thanksgiving weekend! As we dive into the holiday season, no matter what you celebrate, it’s the perfect time to reflect on what we’re grateful for—and maybe even start a gratitude practice. Just taking a moment each day to jot down the positives in your life isn’t just uplifting; it’s scientifically proven to strengthen your brain and boost your well-being. 

Shameless plug: If you’re looking for guidance to kickstart this practice, check out the JOMO Journal: A Daily Practice for the Joy of Missing Out, which I co-created with my Peace Inside Live co-founder, Jordana Reim. It’s a thoughtful gift for yourself or someone special this holiday season!

With that, I just want to say I’m so grateful for each of you and this amazing, growing community. Now, let’s dive into this week’s newsletter… 

In today’s oversaturated content landscape, is originality even possible anymore? 

The recent lawsuit between Amazon influencers Sydney Nicole Gifford and Alyssa Sheil brings this question into sharp focus. Accusations of stolen style on social media feeds highlight the complex intersection of creativity, copyright, and commerce.

While this particular case might seem cut and dry, its implications for the creator economy are far more complex. As creators and even brands navigate the fine line between inspiration and imitation, how do we define what’s truly original? And with AI entering the mix, further complicating the landscape, where do we go from here?

@webkinzarchive

What a lawsuit between two influencers tells us about our algorithm-induced capitalism.

Aesthetics as Intellectual Property

The case revolves around Gifford’s allegations that Sheil misappropriated her likeness, copied her minimalist, neutral-toned aesthetic from product choices to video angles, making her content “virtually indistinguishable” to the point where their communities were mistaking one for the other. 

While copyright laws protect creative expressions, they often struggle to encompass the subtleties of style and vibe. Courts have historically ruled against attempts to claim ownership over general ideas or genres, as seen in cases like Nike’s victory over photographer Co Rentmeester and the iconic jump man logo, where only specific creative elements were deemed protectable.

This raises an important question: can an aesthetic be protected by copyright or trademark law? The short answer is no—copyright law protects the specific expression of ideas, not the ideas or styles themselves. Trademark law might apply to distinct branding elements used in commerce, but it doesn’t extend to broader creative aesthetics. However, influencers like Gifford argue that their unique presentation of content—especially when it directly impacts their revenue streams—should be treated as proprietary.

This case isn't isolated. Fitness trainers Tracy Anderson and Megan Roup were embroiled in a legal dispute over alleged copyright infringement and breach of contract. They reached a confidential settlement regarding the contract claims, but Anderson continues to pursue copyright protection for her choreography. 

Taylor Lorenz who covered this story in her recent newsletter, also references a recent Mr. Beast interview with Jon Youshaei where he talks about all his copycats and his decision as a creator not to go after them legally. In the interview, they clarify between “Copy and Paste” and “Copy With Taste”. 

AI tools that mimic human creations and draw from the public domain blur the lines of originality and ownership. They challenge traditional notions of creativity, raising unresolved questions about human input, credit, and copyright. For example, if AI replicates an influencer’s style, who is responsible for potential infringement? As technology evolves, clearer guidelines are needed to navigate these complexities.

The Gifford v. Sheil lawsuit is one of the first cases to escalate aesthetic disputes into the US District Court. Its outcome could set a significant precedent for how intellectual property laws are applied in the creator economy. A ruling in Gifford’s favor might establish stricter boundaries for content creation, but it could also risk stifling the collaborative and iterative spirit that defines online culture.

Strategies for Standing Out
In a crowded creator landscape, authenticity and innovation are your best tools for carving out a unique niche. Here are some tips:

  • Lean into YOU: Showcase the unique aspects of your personality, experiences, or background to form a genuine connection with your audience. Authenticity always wins.

  • Invest in Creative Production: A big budget isn’t necessary—experiment with new formats, storytelling techniques, or visual styles to make your content stand out.

  • Diversify Platforms and Partnerships: Build a presence across multiple platforms and collaborate with brands and creators to expand your reach and tap into new audiences.

  • Be an Early Trend Adopter: Don’t just follow trends—create them. Stay ahead by watching early adopters and identifying emerging themes. Then, add your unique spin to make it your own.

  • Stay Curious and Keep Living: Inspiration isn’t limited to the online world. Read, explore, and engage with people in real life. Some of the best ideas come from unexpected places.

🔥 My Hot Take 🔥: When building a social strategy and content—whether for myself, my company, or other brands—I always start with this: Who am I? What’s the why behind this brand before looking to others for inspiration? It’s fine to draw from examples that resonate, but take the time to analyze what you like, what you don’t, and then double down on what feels authentic to you.

Shira Lazar

If you create something inspired by someone else, always give credit. But if you’re doing that a little too often, it’s time to pause and refocus. Your brand can channel a vibe, but when you’re outright copying posts or products, it’s no longer creativity—it’s mimicry. At that point, you’re not innovating; you’re becoming the Shein of social media. It’s time for an intervention, some inner work, and a relaunch—before the law steps in or you get publicly dragged.

Other headlines to check out:

AI

Creator Economy

Web3

In other news…

I’m excited to be moderating the panel “Her Influence: Building Your Brand” at TheWrap’s upcoming Power Women Summit this Tuesday. The discussion will feature top creators and entrepreneurs from various industries, sharing how they leverage social media and digital platforms to grow their personal and professional brands. If you’re in LA, you can attend the event. More info HERE. 

Bullish on… 

I’m really bullish on MAVN Creators and its badass female founder, Olivia Ormos. She’s created something unique with an invite-only platform that connects influencers to a mix of paid and in-kind brand deals and events. It’s a fresh take on influencer marketing, and Olivia’s vision and leadership are driving real value for creators and brands alike. Disclaimer: I recently used the platform for a brand deal with Storebuild.AI. Here’s the content I created! 

Gentle reminder 🤲 

“To practice the process of conflict resolution, we must completely abandon the goal of getting people to do what we want.”

– Marshall B. Rosenberg, American psychologist, mediator, author, and teacher.

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Remember, I'm Bullish on you!

With gratitude,