Copyrighting VIBES?

 

This blog is restricted to Words -> ‘Copyrighting VIBES.’ No more! No less!

What exactly is a VIBE?

In Personal context, an Emotional State! An experience of something being exuded by any other Person. In the Material context, maybe Surroundings, let’s say specifically, a decorated room, that gives a feel! But what if in both the cases, should they be live, or, could also be experienced vide Picture, communicated Digitally? Or the Word VIBES, itself is wrongly used, and should be replaced with Themes? And if yes, can common banal themes, further, when you’re not even the creator or originator of individual items (let’s say the Dress or Shoes you’re wearing in any Picture, or, a Sofa of beige colour in the Picture), be considered as a Copyright material? NOT likely!

You’ve Copyright of Performance/Moral; wherein cinematographic rights differ from standalone rights. You can copyright Storefront (Trademarking is a much better option). You can copyright aesthetics of the picture in unison. You can copyright the texts in it. But copyrighting VIBES in verbatim, separately, is Bizarre! Because, if this WORD is included, then, even the emotions should become eligible for Copyrights. Correct? And then how would you define Emotions vide Copyright filing!

When I read headlines of an article about a copyright infringement petition filed for stealing an individual’s VIBES, then my first reaction was, this would be from any Social Media Influencer, either from Instagram, YouTube or TikTok. And indeed, this case has been filed by the Social Media influencer only, on the grounds that the rival social media influencer stole her -> VIBES.

What is the core concept of Copyright? That it should be materialized, either VIA writing, cinematography, performance, sound production, which is available, or can be visually seen, or heard by anyone. It shouldn’t be mere: abstract, ideas in the air, or an experience! On an emotional context, and If I go by the term VIBES in verbatim, then can you copyright someone’s specific, Anger? Love? Anxiety? Cunningness? And I can go on and on.

Of course, aesthetics cum themes cum material vibes sans emotions could be Copyrighted that’s been included in the picture itself, when the two pictures are being compared side by side. The product pictures, labels, colour schemes, items inside the picture (if you’re the originator of every single item), or even picture as whole; can be copyrighted (also protected under design, trademarks). The artistic design, pattern in trademark’s label, colour scheme can also be copyrighted, once permission is taken from the Registrar of Trademarks that no such image or label or pattern or colour scheme exists in the Trademark Registry, that is similar to the one been applied by the Applicant, except in case of the Applicant’s own mark (S. 45(1) of the Copyright Act). But if you’re equating the banal looks of the room or common dress or shoes itself, with VIBES in verbatim; then they maybe considered as aesthetics, themes, for Copyrights sake, which may not be Copyrighted! And how can room’s look and feel factor, be equated to copyright?

And even the Performance/Moral Rights have limitations. As how one would distinguish then between parody, humor, satire, fair use/dealing?

You can also Trademark the main entrance, in this case, the Amazon Storefront, apart from Copyright. But VIBES in verbatim?  

Mere notion of this word in verbatim included in the Act itself, is bizarre. As this would open pandora box of litigations and prosecutions, wherein, even any emotional experience and feelings would be eligible for copyright itself, and I’m going to prove that the way I look in my picture including my emotional experiences, cannot be copied by anyone + including surroundings; no matter how much BANAL they are.

I’ve always said, you should register your copyright, despite this being prima-facie evidence of validity.

So, a person can get protection, if their photos are copied (IF ANY); dresses wearing, if that person is the designer itself and has not bought from any other place; and also of the products being sold online, if the person is the owner of label, patterns, designs, color schemes, trademarks, copyrights etc., which of course shouldn’t be too predictable or common! NOT FOR VIBES atleast! 😊

© Pranav Chaturvedi