Pryor Cashman Partner James Sammataro, co-chair of the Music Group and Media + Entertainment Litigation Practice, spoke to Bloomberg Law about a copyright infringement lawsuit filed by influencer Sydney Nicole Gifford over creator Alyssa Sheil allegedly copying her photos, videos, and likeness on social platforms.

In “Influencer Style Case Risks More Stolen Vibe Suits From Creators,” James discusses the importance of this case in regard to how social media is used:

Though it would be easy to discount the claims as “silly Instagram stuff,” there are important premises since social media is central to commerce nowadays, said Pryor Cashman LLP partner James Sammataro. A ruling in Gifford’s favor could set troubling precedent enabling influencers to wield IP rights to control certain markets on social media platforms by owning color schemes or types of photos, he said.

“I certainly don’t think you can look at the two pictures and go, ‘Oh my God, they’re so overlapping and so similar that I couldn’t figure out who’s who,’” Sammataro said. “You could also say the defendant was certainly inspired to copy the overall look and feel. But look and feel doesn’t get you there as a claim.”

James also discusses whether Gifford has a distinct enough claim to qualify for trade dress or copyright protection.

Sammataro said Gifford has a keen eye and style, but that he doubts the validity of her trade dress.

“It’s almost like saying because I have this well-known color scheme, which I didn’t create any of these colors, I’m the only person in the world who can use them,” he said. “Seems like a bridge too far.”

[...]While the registrations get Gifford’s claims in the door, Sammataro said the images may only have thin copyright protection if they include largely common, unprotectable elements such the color beige, a necklace, a shirt, or things the registrant didn’t create.

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