Can You Copyright a Vibe? Exploring the Boundaries of Intellectual Property
In a recent widely reported lawsuit, one influencer filed a lawsuit accusing another influencer of copying her minimalist aesthetic on social media.
As the influencer economy booms, and artists and creators push the boundaries of what constitutes a work of art, the question arises: can you copyright a vibe?
On the surface, the concept of a "vibe" seems intangible—something elusive, emotional, and often difficult to define. In the context of music, fashion, design, and even social media, the word "vibe" has become shorthand for a mood, feeling, or energy that resonates with a particular moment or group of people. But can this ephemeral, almost indescribable sensation be protected by copyright law? Let's dive into this question.
What is Copyright?
Before tackling the idea of a "vibe," let's briefly explore what copyright actually covers. Copyright law grants creators exclusive rights to their original works of authorship, including literary, dramatic, musical, and artistic creations. The key word here is "original." In addition, to be protected by copyright, a work must be an expression of an idea, not the idea itself. This means that a book, a song, or a painting can be copyrighted, but abstract ideas, facts, or concepts cannot.
For example, you can copyright the lyrics of a song, but not the general theme of love or heartbreak that the song might represent. The expression of the idea—how it's written, sung, or portrayed—is what gets protection, not the underlying emotion.
What is a "Vibe"?
In its most common usage, a "vibe" refers to the overall feeling or atmosphere of a place, situation, or piece of art. It’s the mood that a song, a movie, a fashion collection, or even a social media post evokes in its audience. Think about the "vibe" of a late-night jazz club, a chill beach playlist, or a minimalist interior design. These vibes are often communicated through a combination of aesthetics, energy, style, and emotion.
A vibe is hard to pinpoint, let alone quantify. It's a combination of elements—like color, sound, texture, or pacing—that come together to create a particular emotional response. But while a "vibe" is an essential part of human experience, it’s inherently fluid, subjective, and open to interpretation. So, can a vibe be owned?
The Case for Copyrighting a Vibe
Some artists and creators might argue that if the "vibe" they’ve cultivated through their work is distinctive enough, it could be protected. For example, consider a music producer known for a unique atmospheric sound that elicits a specific emotional response. Could that producer own the "vibe" of their music? Or think of fashion designers who create a particular aesthetic—a vibe—that permeates everything from the cut of their clothes to the way models walk down the runway. Can the way a designer’s collection make you feel be copyrighted?
There are some cases where elements of a vibe could be protected. A specific combination of sounds in music, for example, might be protectable if it’s original enough. This could include certain chord progressions, instrumental choices, or production techniques that create a unique feel or atmosphere. Similarly, a specific visual style in fashion or design might be protectable if it is sufficiently original and distinctive.
However, this still doesn’t mean the vibe itself is copyrighted. It’s the specific expressions of that vibe—the tangible components of sound, image, and design—that are eligible for protection, not the abstract feeling it evokes.
The Limits of Copyrighting a Vibe
The challenges of copyrighting a vibe come from the fact that "vibe" is inherently non-specific and often a product of interpretation. Copyright law is designed to protect concrete works of authorship, and a "vibe" is inherently difficult to formalize in the way the law requires.
For example, while an artist may have a signature style that creates a certain feeling or aesthetic, they can’t copyright the feeling itself. Someone else might be able to replicate that feeling through different means—perhaps with different instruments, different fabrics, or different visual language—without infringing on copyright.
Let’s consider a few scenarios to see where the line might be drawn:
Music: A producer might create a specific "chill" vibe through their use of lo-fi beats and ambient soundscapes. While the exact sounds, loops, and arrangements might be copyrighted, the broader feeling of relaxation or nostalgia associated with the music cannot be.
Fashion: A designer might be known for a minimalist, monochrome aesthetic. While individual pieces or collections could be copyrighted (through design patents or trademarks), the overall "vibe" of minimalism cannot be protected as intellectual property.
Social Media: Influencers often create specific vibes on their platforms—think of the polished aesthetic of a beauty guru's Instagram or the carefree, wanderlust-driven vibe of a travel influencer's feed. These influencers may own the rights to their photos, captions, and content, but the "vibe" they create through the combination of all these elements is something that others can recreate or reinterpret.
Trademarks vs. Copyrights
While copyright might not offer protection for a "vibe," trademarks could offer some level of recourse for creators who have built a distinctive brand around a certain feeling or aesthetic. For example, if an artist, designer, or brand has cultivated a specific, recognizable atmosphere or identity, they might be able to trademark certain elements that are closely associated with their vibe. Logos, slogans, and other unique symbols that represent that vibe could be protected through trademark law.
Think about how the Coca-Cola logo represents more than just a drink; it embodies a feeling of joy, refreshment, and nostalgia. Or consider how fashion brands like Chanel or Supreme have come to represent certain cultural movements and social status. These brands are closely tied to specific vibes, and through strategic trademarking, they can protect those associations in the marketplace.
Conclusion: The Vibe is Uncopyrightable, But the Expression Isn’t
So, can you copyright a vibe? The short answer is no. The abstract, intangible feeling that a vibe conveys is beyond the reach of copyright law. However, you can copyright the specific expression of that vibe—whether through music, art, design, or other creative works. What you can protect are the concrete elements that make up the vibe, such as the lyrics, the melodies, the visual aesthetic, and the branding. In that way, creators can safeguard their unique styles and expressions while still allowing others to tap into similar emotions or atmospheres through their own work.
Ultimately, while the "vibe" itself remains free for anyone to interpret and replicate, the creative process behind it is something worth protecting. After all, it’s the combination of original ideas and expressions that truly brings a vibe to life.
Our firm regularly advises on and litigates copyright issues. Feel free to contact us if we can be of help.