JAYLEIN PIEKARSKI
This Comment explores the growing phenomenon of “copycat cyberstalking,” a form of stalking in which individuals obsessively mimic another’s social media content—including posts, poses, outfits, captions, and digital aesthetics—to the point of emotional distress and reputational harm. Given the limitations and inconsistencies of existing cyberstalking laws, which often fail to address nuanced and non-physical forms of digital harassment, this Comment proposes an innovative legal remedy: the application of copyright law. Through a detailed analysis of the first-of-its-kind case based in copyright, Gifford v. Sheil, this Comment argues that content creators can frame instances of cyberstalking as copyright infringement by utilizing doctrines such as the substantial similarity test. By applying copyright standards to curated digital expression, victims can pursue legal recourse even when cyberstalking statutes fall short. Ultimately, this Comment advocates for the recognition of user-generated content as protectable creative work and highlights the potential for copyright law to fill critical enforcement gaps in the digital age.