Posts, Not Personae: Why Influencer Personae Fall Outside the Doctrine of Character Copyright

Authors

• Abbey Brantley, University of Georgia School of Law

Abstract

Over the past decade, social media has enabled an increasing number of people to pursue influencing as a full-time career on platforms such as TikTok, Instagram, and YouTube. To succeed commercially, these creators make repeated stylistic choices that both conform to online trends and project a carefully curated persona. As these personae become profitable, however, they also become susceptible to imitation. This dynamic raises the question whether copyright law, specifically the doctrine of character copyright, can protect influencers from unauthorized copying of their online identities. This Note argues that influencer personae do not and should not qualify for such protection, both as a matter of doctrine and policy.

This Note begins by tracing the origins of character copyright and outlining the tests courts use to assess character copyrightability, including their uneven application across jurisdictions. It next examines the rise of influencing and how copycat conduct places influencer personae at the margins of character copyright, testing the doctrine’s boundaries. It then applies the character copyright tests to influencer personae, ultimately crafting the argument that these online identities fall outside existing doctrine. It then examines the policy implications of extending character copyright to cover influencer identities, concluding that denying protection better serves copyright’s public-oriented purpose. Finally, this Note considers alternative legal routes that may be better suited to protect influencers against copycat conduct.

Recommended Citation

Abbey Brantley, Posts, Not Personae: Why Influencer Personae Fall Outside the Doctrine of Character Copyright, 33 J. Intell. Prop. L. (2026).
Available at: https://digitalcommons.law.uga.edu/jipl/vol33/iss2/5