TikTok, Inc. runs the TikTok social media platform where users can post videos and gain a following, but they can also advertise and make money. However, the complaint alleges that TikTok violates the Right to Publicity laws, because, it claims, it permits users to pirate the images, voices, and content of others to sell counterfeit items and otherwise exploit the reputation of others. The plaintiff is Bethenny Frankel, a well-known user.
The class for this action is all residents of the US whose personas, voices, content, or likenesses are unlawfully used on TikTok to sell counterfeit goods.
TikTok was created in 2016 by ByteDance, a Chinese company, which in 2017 absorbed Musical.ly, a competing app. “In a short span of four years,” the complaint alleges, “TikTok has surpassed 3 billion downloads and reached one-third of all social media users on the planet.” TikTok is therefore a consequential platform.
Frankl, as described by the complaint, “is a well-known American businesswoman, television personality, entrepreneur, philanthropist, and five-time [bestselling] author.” She is also a TikTok user and an influencer, “who through the use of social media marketing endorses certain products for sale and can effect purchase decisions of others because of their credibility, authority, or popularity.
“For some time,” the complaint alleges, “unscrupulous companies and individuals have purloined the images, voices, and content of Ms. Frankel and Class Members to sell counterfeit items through the sue of TikTok’s platform.” Although Ms. Frankel has complained and demanded that TikTok remove the material and police this kind of conduct, the complaint says that TikTok has ignored it.
Frankel, the complaint claims, has built, protected, and honed her reputation and has earned a substantial amount of goodwill. When other users steal her voice or likeness, the complaint alleges, TikTok is “has not only traded on Ms. Frankel’s earned goodwill but are also depriving Ms. Frankel of the ability to control her reputation.”
Frankel does not receive any compensation for the use of her likeness and material by others, and her reputation is also being damaged because of the “unauthorized associations with counterfeit goods and other products” that she does not support. Frankel has received messages from followers claiming she has “sold out” for pushing fake products.
Although Frankel uses her own experience as an example, the complaint alleges that others have also had their personas, voices, likenesses, and content used for others’ purposes and profit. The complaint alleges that TikTok, in permitting this on its platform, ignores Frankel’s and others’ rights of publicity and copyright to their own material.
Article Type: LawsuitTopic: Copyright or Other Intellectual Property
Most Recent Case Event
TikTok Allows Use of Others’ Likenesses, Voices, Content Complaint
October 6, 2022
TikTok, Inc. runs the TikTok social media platform where users can post videos and gain a following, but they can also advertise and make money. However, the complaint alleges that TikTok violates the Right to Publicity laws, because, it claims, it permits users to pirate the images, voices, and content of others to sell counterfeit items and otherwise exploit the reputation of others. The plaintiff is Bethenny Frankel, a well-known user.
TikTok Allows Use of Others’ Likenesses, Voices, Content ComplaintCase Event History
TikTok Allows Use of Others’ Likenesses, Voices, Content Complaint
October 6, 2022
TikTok, Inc. runs the TikTok social media platform where users can post videos and gain a following, but they can also advertise and make money. However, the complaint alleges that TikTok violates the Right to Publicity laws, because, it claims, it permits users to pirate the images, voices, and content of others to sell counterfeit items and otherwise exploit the reputation of others. The plaintiff is Bethenny Frankel, a well-known user.
TikTok Allows Use of Others’ Likenesses, Voices, Content Complaint