Rose Ehler Speaks to The New York Times on Copyright Law Relating to Influencers’ Claim Over Their “Style”

Munger, Tolles & Olson partner Rose Ehler discussed the challenges of copyrighting digital content aesthetics in The New York Times article titled, “Can You Copyright a Vibe?”

The article highlights a legal case involving two social media style influencers. One influencer is suing another for copyright infringement, claiming that the latter copied their online persona and aesthetic. The case underscores the complexities of copyright law in the realm of influencers’ photography and corresponding social media posts, where imitation and trendsetting are common.

In the article, Ms. Ehler provides insights into the legal aspects of the case and explains that while the plaintiff’s copyright registrations do not ensure ownership of a style, media or likeness. Ms. Ehler explains that similarity in photography and one party copying a pose or style, does not necessarily equate to infringement, discussing a Ninth Circuit case, Rentmeester v. Nike, Inc., 883 F.3d 1111 (9th Cir. 2018). Her prediction is that the case is not likely to make it to trial.

Ms. Ehler’s comments emphasize the challenges of protecting creative content in the digital age and the importance of understanding the nuances of copyright law.

Read the full New York Times article. (Subscription may be required)