Hello again!
👋 Friends, despite having graduated over a decade ago, I still think of August as the “start” of the year! I LOVE getting a new planner and calendar and sitting cross-legged on the living room floor to visualize what’s coming next. For me, I’m starting another academic year teaching business law while all sorts of other wonderful things are brewing for the family.
Today’s creator tea recap was hard for me to narrow down… brat Summer is coming to an end, which means we have plenty of creator shenanigans to cover from recent months. To highlight, I’m going to spill the tea on a few juicy stories that recently caught my attention.
Creator Tea & Legal Insights - Summer 2024
☕⚖️ Influencer SUES Competitor for Stealing “Aesthetic”. If you’re a content creator, I’m sure you’re aware of creators allegedly or actually “stealing” each other’s ideas. TBH, as an attorney, I’m usually annoyed by this, since (1) an idea is not a protectable form of intellectual property, (2) the same basic content or concept could be conceived independently by multiple people, and (3) I can totally believe somebody can “copy” an idea inadvertently, i.e. they were inspired while scrolling and didn’t intentionally mean to steal.
Well, color me surprised (and delighted) when this past Spring, influencer Sydney Nicole Giff brought a lawsuit against a rival content creator, Alyssa Sheill, claiming that Alyssa stole Sydney’s brand identity… which she defined as “neutral, beige, and cream aesthetic”. She also alleged that Alyssa featured nearly the same Amazon products while using styling and textual captions replicating Sydney’s. Although the neutral “clean girl” look is somewhat universal at this point, check out this example of the alleged copyright infringement from the lawsuit itself:
Raising your eyebrow? Me too, because the complaint contained SO MANY similarly striking examples, many of which are barely distinguishable from one another. Considering the enormity of evidence already proving Sydney’s point, I really do wonder what the outcome will be. Alyssa’s lawyers have responded, but lawsuits take forever, and it could be many months (or years) until we have an answer on whether this really is copyright infringement. Orrrr they’ll settle out of court, and I’ll be sad (because settlements are confidential).
☕⚖️ Influencer Ballerina Farm & the MISLEADING “Trad Wife” Article. In July, a reporter from the The Times published a story detailing the profile and life of influencer Hannah Neeleman. Hannah goes by “Ballerina Farm” on several platforms and shares her life raising 8 children on a Utah farm with her husband.
The published story was met with a mix of confusion, praise, and criticism, with most readers noticing the article’s overall account seemed to paint Hannah as an unwilling “trad wife” and a victim of misogyny that was forced to give up her dreams of becoming a professional dancer in order to stay home and rear children. Hannah posted her public response to the article, stating that the article was “an attack on our family and my marriage… portraying me as oppressed with my husband being the culprit.” Some commentators are floating the idea that Hannah could sue for defamation, but that may be a stretch given the strict legal requirements for such a claim. Btw, I do have an explainer video on defamation if you’re curious to learn more about that concept!
☕⚖️ Massive Creator EXPOSED by Former Employee on YouTube. In August, a YouTube video came up on my for you page called “I Worked for MrBeast, He’s a Fraud”, and my lawyer ears perked right up!
The video is full of juicy and downright embarrassing allegations against the MrBeast enterprise, including lying to consumers and “faking” videos, violating lottery and contest laws, and using a variety of illegal (and/or unethical) marketing practices. Aside from what may be some valid criticism here, I felt that some of what was shared must be highly proprietary and CONFIDENTIAL information. Given how large the MrBeast business is, I assume there are well-written employment agreements with bullet-proof confidentiality clauses in place… Right? RIGHT? (P.S. check this template out if you need a CDA for your employees!)
Sooo, yeah, it was no surprise to me when MrBeast promptly followed up with multiple cease & desist letters. There is no formal resolution in sight at the moment, and this story is still developing. I’ll be sure to let you know if the case evolves into an actual lawsuit (or FTC investigation…)! P.S. Curious about legal compliance, contracts, and other legal steps that any content creator NEEDS to know?? I made a step-by-step legal roadmap for content creators, and you can download it for free below!
Coffee Talk
🤎 So, how are we feeling?
I, for one, am super excited to start my second year teaching business law – a literal dream come true, career-wise! After nearly a decade of practicing law for my employers– I am finally a “free agent” lawyer (i.e. I can do whatever legal work I want, not only what I’m assigned by a boss). Most university professors like myself are able to continue their consulting or legal practices on the side. It’s truly the best of both worlds.
Also, you may have noticed that I pivoted my whole @lawyerkae universe to focus on contracts and legal compliance for content creators. I love internet culture and the creator economy, so this finally feels like home to me. Thank you for being here, and for sharing this, with me. And if it’s not for you, that’s OK, too- the unsubscribe button is below!
Talk soon?
Love you much, and BYE FOR NOW!
—Kae
Disclaimer: Start Up Heart Up, LLC is not a law firm or a substitute for an attorney. We cannot provide any kind of advice, opinion, or recommendation about possible legal rights, remedies, defenses, selection of forms, or strategies. This publication is designed for general information purposes and does not constitute legal advice. See your attorney about your specific situation.
