Alex Roberts

put up a really robust defense and make their best argument. And when we're thinking about content creators at this level, we're usually thinking about somebody who's doing this as a side hustle or who's kind of trying to eke out a living, get some endorsements, get some paid promotions for their content, pull together a community, get some attention from followers.

put up a really robust defense and make their best argument. And when we're thinking about content creators at this level, we're usually thinking about somebody who's doing this as a side hustle or who's kind of trying to eke out a living, get some endorsements, get some paid promotions for their content, pull together a community, get some attention from followers.

but they are unlikely to have the kind of resources that will let them fight back, that will enable them to say, this is actually non-infringing or it's a fair use, or what you're claiming as trade dress is completely functional and unprotectable. So they're more likely to back down, they're more likely to settle, and frankly, they're much more susceptible to bullying.

but they are unlikely to have the kind of resources that will let them fight back, that will enable them to say, this is actually non-infringing or it's a fair use, or what you're claiming as trade dress is completely functional and unprotectable. So they're more likely to back down, they're more likely to settle, and frankly, they're much more susceptible to bullying.

but they are unlikely to have the kind of resources that will let them fight back, that will enable them to say, this is actually non-infringing or it's a fair use, or what you're claiming as trade dress is completely functional and unprotectable. So they're more likely to back down, they're more likely to settle, and frankly, they're much more susceptible to bullying.

So what we see in the IP context is when you have some cases setting out precedent that liability might exist, People get really aggressive with their cease and desist letters. So they say, you know, this other influencer was just found or maybe found liable for copycat posts. And the same thing's going to happen to you.

So what we see in the IP context is when you have some cases setting out precedent that liability might exist, People get really aggressive with their cease and desist letters. So they say, you know, this other influencer was just found or maybe found liable for copycat posts. And the same thing's going to happen to you.

So what we see in the IP context is when you have some cases setting out precedent that liability might exist, People get really aggressive with their cease and desist letters. So they say, you know, this other influencer was just found or maybe found liable for copycat posts. And the same thing's going to happen to you.

We're going to sue you next if you don't completely abandon this category of posts that you're making or cancel your account or whatever the demands are.

We're going to sue you next if you don't completely abandon this category of posts that you're making or cancel your account or whatever the demands are.

We're going to sue you next if you don't completely abandon this category of posts that you're making or cancel your account or whatever the demands are.

I think there's a philosophical question in there, and there's maybe also a legal liability question in there, right? So making creators fight to be seen and followed, that doesn't imply any liability for copyright infringement. And all creators in all genres, in all kinds of... industries have to compete for eyeballs and profits.

I think there's a philosophical question in there, and there's maybe also a legal liability question in there, right? So making creators fight to be seen and followed, that doesn't imply any liability for copyright infringement. And all creators in all genres, in all kinds of... industries have to compete for eyeballs and profits.

I think there's a philosophical question in there, and there's maybe also a legal liability question in there, right? So making creators fight to be seen and followed, that doesn't imply any liability for copyright infringement. And all creators in all genres, in all kinds of... industries have to compete for eyeballs and profits.

Low barriers to entry in this field probably means there's a lot more competition. It's a lot easier to post an Instagram post than it is to make a movie. Yeah. If we're thinking about the Digital Millennium Copyright Act, A DMCA analysis might ask whether Gifford filed takedown requests with these various platforms.

Low barriers to entry in this field probably means there's a lot more competition. It's a lot easier to post an Instagram post than it is to make a movie. Yeah. If we're thinking about the Digital Millennium Copyright Act, A DMCA analysis might ask whether Gifford filed takedown requests with these various platforms.

Low barriers to entry in this field probably means there's a lot more competition. It's a lot easier to post an Instagram post than it is to make a movie. Yeah. If we're thinking about the Digital Millennium Copyright Act, A DMCA analysis might ask whether Gifford filed takedown requests with these various platforms.

She's got a copyright management information claim, which argues that by creating similar posts without crediting Gifford's account, in essence removing Gifford's username from the works, Scheil violates the DMCA. If she actually succeeds on that claim, which again seems a stretch, I wonder whether that might affect how platforms choose to structure things.

She's got a copyright management information claim, which argues that by creating similar posts without crediting Gifford's account, in essence removing Gifford's username from the works, Scheil violates the DMCA. If she actually succeeds on that claim, which again seems a stretch, I wonder whether that might affect how platforms choose to structure things.

She's got a copyright management information claim, which argues that by creating similar posts without crediting Gifford's account, in essence removing Gifford's username from the works, Scheil violates the DMCA. If she actually succeeds on that claim, which again seems a stretch, I wonder whether that might affect how platforms choose to structure things.