Latest news with #DigitalMillenniumCopyrightAct
Yahoo
3 days ago
- Business
- Yahoo
Influencer drops lawsuit alleging rival creator copied her videos
Influencer Sydney Nicole Gifford said in a TikTok video on Thursday that she has withdrawn her lawsuit against fellow content creator Alyssa Sheil, ending a case that had become closely watched over its possible ramifications for the broader internet content ecosystem. The move comes more than a year after Gifford first sued Sheil, claiming that Sheil had not just stolen the look and style of her videos but sometimes copied them down to the shot. 'She would change her hair soon after I changed mine and even got a similar tattoo after I posted mine, so in mirror photos where our faces were covered, it all of a sudden looked even more similar to me with that tattoo,' Gifford said in her TikTok video. 'I believe her intention was to look so similar to me and copy my posts so similarly so she could profit off my business.' She also clarified her intention was not to sue simply over aesthetics, but rather over alleged 'copyright infringement, Digital Millennium Copyright Act (DMCA) violation, trade dress infringement, misappropriation, and vicarious copyright infringement.' Arguments between influencers copying or stealing content from each other typically play out in the digital court of public opinion and rarely, if ever, make it to the actual judicial system. Aesthetics on social media are recycled and reinterpreted so often that it's nearly impossible to lay claim to owning a look or style online. Gifford's lawsuit sought to take the issue into the courtroom, attempting to apply laws typically used by traditional media to the relatively lax world of influencer content. The look at the heart of the now-dismissed suit is a minimalist, polished style that is sometimes referred to as the 'clean girl' aesthetic. Gifford, whose videos touch on everything from being a mother to fashion and shopping, has amassed more than 956,000 followers between her Instagram and TikTok accounts. Sheil, who posts similar content, has more than 162,000 followers across her Instagram and TikTok. Gifford said she sent many requests for Sheil to stop — from emails to cease-and-desist letters — before suing Sheil in April 2024. Shahmeer Halepota, an attorney for Sheil, said Gifford walked away from the case with no settlement or financial compensation. 'Ms. Gifford's surrender and settlement for $0 confirms that her allegations were meritless and her claims of inventorship were worthless,' Halepota said. Thomas Frashier, another attorney for Sheil, said his client has set a 'major precedent' for influencers and social media personalities. 'This is a huge win for content creators everywhere who shouldn't have to fear about being bullied out of the industry by the threat of meritless lawsuits like this one,' he said. However, Gifford's attorney Kirsten Kumar said her client's case was not without merit, but that she simply didn't have the bandwidth to continue with the litigation. 'I have been working with Sydney since nearly the beginning of this case,' Kumar said. 'I know how strongly she feels about her claims and that the decision to stop litigating is not a reflection of their merit. But priorities can change: Since filing suit, she has gotten married, welcomed her first child and moved out of state.' This article was originally published on
NBC News
3 days ago
- Entertainment
- NBC News
Influencer drops lawsuit alleging rival creator copied her videos
Influencer Sydney Nicole Gifford said in a TikTok video on Thursday that she has withdrawn her lawsuit against fellow content creator Alyssa Sheil, ending a case that had become closely watched over its possible ramifications for the broader internet content ecosystem. The move comes more than a year after Gifford first sued Sheil, claiming that Sheil had not just stolen the look and style of her videos but sometimes copied them down to the shot. 'She would change her hair soon after I changed mine and even got a similar tattoo after I posted mine, so in mirror photos where our faces were covered, it all of a sudden looked even more similar to me with that tattoo,' Gifford said in her TikTok video. 'I believe her intention was to look so similar to me and copy my posts so similarly so she could profit off my business.' She also clarified her intention was not to sue simply over aesthetics, but rather over alleged 'copyright infringement, Digital Millennium Copyright Act (DMCA) violation, trade dress infringement, misappropriation, and vicarious copyright infringement.' Arguments between influencers copying or stealing content from each other typically play out in the digital court of public opinion and rarely, if ever, make it to the actual judicial system. Aesthetics on social media are recycled and reinterpreted so often that it's nearly impossible to lay claim to owning a look or style online. Gifford's lawsuit sought to take the issue into the courtroom, attempting to apply laws typically used by traditional media to the relatively lax world of influencer content. The look at the heart of the now-dismissed suit is a minimalist, polished style that is sometimes referred to as the 'clean girl' aesthetic. Gifford, whose videos touch on everything from being a mother to fashion and shopping, has amassed more than 956,000 followers between her Instagram and TikTok accounts. Sheil, who posts similar content, has more than 162,000 followers across her Instagram and TikTok. Gifford said she sent many requests for Sheil to stop — from emails to cease-and-desist letters — before suing Sheil in April 2024. Shahmeer Halepota, an attorney for Sheil, said Gifford walked away from the case with no settlement or financial compensation. 'Ms. Gifford's surrender and settlement for $0 confirms that her allegations were meritless and her claims of inventorship were worthless,' Halepota said. Thomas Frashier, another attorney for Sheil, said his client has set a 'major precedent' for influencers and social media personalities. 'This is a huge win for content creators everywhere who shouldn't have to fear about being bullied out of the industry by the threat of meritless lawsuits like this one,' he said. However, Gifford's attorney Kirsten Kumar said her client's case was not without merit, but that she simply didn't have the bandwidth to continue with the litigation. 'I have been working with Sydney since nearly the beginning of this case,' Kumar said. 'I know how strongly she feels about her claims and that the decision to stop litigating is not a reflection of their merit. But priorities can change: Since filing suit, she has gotten married, welcomed her first child and moved out of state.'
Yahoo
3 days ago
- Business
- Yahoo
'Sad Beige' Influencer Alleges Creator 'Stole Her Likeness.' Lawsuit Gets Major Update 1 Year After Filing
The highly publicized "Sad Beige Lawsuit" is coming to a close, as both plaintiff Sydney Nicole Gifford and defendant Alyssa Sheil asked a judge to dismiss the case over a year after it was filed In April 2024, Gifford brought on eight claims against Sheil, alleging that she "replicated" her "aesthetic" curated with neutral tones like beige and cream Sheil denied all claims in her initial response, and after both parties requested to drop the case entirely, she celebrated setting a precedent to protect future "young influencers" against "bullying"In April 2024, Sydney Nicole Gifford filed a lawsuit alleging fellow influencer Alyssa Sheil "replicated" her "neutral, beige, and cream aesthetic" across various social media platforms. Over a year later, the two creators have asked a judge to dismiss the first-of-its-kind case, which has come to be known as the "Sad Beige Lawsuit." Per the stipulation filed on Wednesday, May 28, both parties agreed to request the release of all Gifford's "claims and potential counterclaims" related to the initial action. Sheil's legal representation at AZA law firm issued a written statement confirming the dismissal of all eight claims brought on by the plaintiff, which included federal copyright infringement, vicarious copyright infringement, Digital Millennium Copyright Act violation, trade dress infringement and misappropriation. According to the firm's statement, Sheil, 22, successfully motioned to dismiss three of Gifford's original claims in December 2024. Because the defendant already responded to the suit, Gifford, 25, needed Sheil's permission to surrender the case, which she obliged. In a quote included by AZA, Sheil celebrated how the lawsuit's outcome might help protect creators from similar situations in the first place. "This was about more than just me. This sets a precedent that young influencers can fight back and not give in to bullying,' said Sheil in the AZA statement. 'Ms. Gifford tried to intimidate me into leaving this industry. But she failed and the truth prevailed.' Gifford's social media content centers around her home, fashion and the "must-have" items she finds on Amazon. Her posts consistently maintain a neutral-toned vibe, with content showcasing shades of brown and tan hues. "I think I feel more calm in neutral spaces,' Gifford told The Verge in late November. 'Now my favorite color is beige," she added, which explains the hashtag she'll occasionally use on her content (#sadbeigehome). "It is a sad beige home, and I like it." Like Gifford, Sheil made her name curating content that aligns with the beige aesthetic, and she regularly posts about her neutral-toned outfits, home decor and makeup routine. "It's definitely very calming,' Sheil said of her decor when speaking with The Verge, who visited the Texas-based influencer for an interview a few days prior to meeting up with Gifford in her Minneapolis home. "I just want it to all be cohesive and plain." According to the original filing from April 2024, which was obtained by PEOPLE, Gifford's lawsuit stated that she had been curating her "brand identity" and "credibility" online for five years. She claimed to have become known for her promotion of Amazon products, like apparel and household goods. She has "grown her business into a multi-thousand dollar operation," her lawsuit states. Gifford and Sheil met in person in December 2022 with the intent to support each other's businesses, per the filing. It continues to state that after they got together in January 2023, Gifford blocked Sheil from viewing her content. In August 2024, four months after Gifford's initial filing, attorneys for Sheil asked the U.S. District Court for the Western District of Texas to dismiss claims brought forth against her. Per the court documents, Sheil denied "every allegation" in the complaint. "Sheil has never infringed on any work of Gifford's, because Sheil's work is independently developed, does not use anything belonging to Gifford, and is not based on anything posted by Gifford," the court document reads. The response issued by Sheil's attorney claimed that the case stemmed from "jealousy." The documents note that when the two creators first met, Sheil was "younger and more successful on certain social media platforms that Gifford had not yet maximized." The filings allege that "it was Gifford who asked Sheil" content-related questions, but Sheil did not seek out "a meritless lawsuit" claiming that Gifford "stole her likeness," read the court document Sheil's legal team emphasized "the very nature" of the fashion and influencer industries: "Similar influencer content creators collaborate, adopt, and evolve on trends and looks to promote products to their audience and followers." Read the original article on People
Yahoo
09-05-2025
- Politics
- Yahoo
President Trump to sign Take It Down Act to help victims of deepfake porn
ALEDO, Texas (Nexstar) — Elliston Berry's life changed just a couple of months into her high school career when a classmate decided to take photos from her social media page and generate fake pornographic images of her, known as deepfakes. Elliston's mom, Anna McAdams, recalls the moment her 14-year-old daughter discovered the images were circulating around social media. 'Coming to our room crying going, 'Mom you won't believe what's happening,'' McAdams said. 'We really watched her go into a shell, kind of go inside herself. She got off social media completely. We saw her withdraw.' That was in October 2023. This year, sparked by the mother-daughter duo, President Donald Trump said he will sign the Take It Down Act — a bill to criminalize those who publish non-consensual intimate images. McAdams said she struggled to get help from the school and from the social media app, Snapchat, to get the images removed. 'We would go on there and just request please take these down. I'd leave my email, my phone number, and never heard back from them,' McAdams said. Their story made its way to Texas Sen. Ted Cruz's office, who authored the Take It Down Act. According to the senator, more than 90% of the victims in these cases are women. Cruz said he had to intervene with Snapchat to get Elliston's fake images removed from the app, and his bill looks to make it easier for victims to get the intimate images taken down in the future. 'It shouldn't take a sitting-U.S. Senator making a phone call to get that content down, and now as soon as the President signs the Take It Down Act into law, any victim will have a federal statutory right to ensure that content gets taken down,' Cruz said. The senator explained his bill borrows the notice-and-takedown system from the Digital Millennium Copyright Act. For example, social media companies have teams responsible for taking down content that is copyright infringement. Cruz's bill would require tech companies to take down any non-consensual images within 48 hours of receiving a complaint from a victim. 'If this is a non-consensual intimate image, either a real one, or a deepfake, it doesn't matter, the victim has a right to get that content taken down,' Cruz said. It not only applies to AI-generated images, but any image that is intimate in nature and does not have the consent of the person depicted. The Federal Trade Commission will have the authority to punish and force a tech platform to comply with the law. McAdams and her daughter continue to advocate for victims. McAdams said she is currently working on a curriculum to teach schools and parents about the bill and how they can use in it in the future. 'This Take It Down Act is there and we can use. Law enforcement can use it,' McAdams said. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Business Mayor
27-04-2025
- Business
- Business Mayor
Ziff Davis and IGN sue OpenAI for copyright infringement
In one of the more common disputes of modern AI, Ziff Davis, IGN Entertainment and Everyday Health Media have sued Open AI for copyright infringement. The lawsuit from the media companies alleged copyright infringement, violations of the Digital Millennium Copyright Act (DMCA), unjust enrichment and trademark dilution. IGN and Everyday Health Media are divisions of Ziff Davis. Ziff Davis alleged, 'OpenAI has intentionally and relentlessly reproduced exact copies and created derivatives of Ziff Davis works without Ziff Davis' authorization. The lawsuit said OpenAI has knowingly copied the text of Ziff Davis' web sites without authorization and violated Ziff Davis' written demands to stop. It also said OpenAI stripped out copyright management information from Ziff Davis works. And then it alleges Open AI passes this work off as its own. The lawsuit OpenAI falsely attributes output to Ziff Davis that is not Ziff Davis content. A spokesperson for OpenAI said, 'ChatGPT helps enhance human creativity, advance scientific discovery and medical research, and enable hundreds of millions of people to improve their daily lives. Our models empower innovation, and are trained on publicly available data and grounded in fair use.' The Association of Research Libraries provides some context on the dispute. Ziff Davis said it has published high-quality journalism for nearly 100 years, growing from its roots as the publisher of Popular Aviation to its current stewardship of over 45 diverse digital media publications and internet brands, including IGN, Mashable, CNET, ZDNet, PCMag, Lifehacker, BabyCenter, and Everyday Health. Each year, Ziff Davis produces nearly 2 million new articles and article updates—including over 5,000 product reviews—in which it owns the exclusive rights. Ziff Davis also alleges that OpenAI trained its AI models on its work even though Ziff Davis told web crawlers not to scrape its data using a file.
