Emmiol, a clothing brand, allegedly used a 16-year-old girl’s TikTok content without her explicit consent and her mom Michelle Fairburn went after them for payment.
They used the content for the brand’s Instagram ad. The allegation came from the minor’s mother Michelle Fairburn, a real-estate consultant and TikToker herself.
Fairburn chased Emmiol
Using a minor’s content without consent has legal consequences for a business establishment. It is a desecration of the minor’s right to privacy and publicity, which are protected by state and federal laws.
Fairburn uploaded a subsequent video revealing that her daughter eventually received payment for the content, which included a commission fee and an additional compensation fee requested from the brand.
Fairburn was ecstatic and said that her daughter was delighted with the turn of events. She said that the incident taught her daughter not to allow anyone to take advantage of her.
Real estate consultant and TikToker Michelle Fairburn (@michellefairburn) posted a clip calling out a “predatory” clothing brand for using her daughter’s content without her daughter’s permission.
Depending on the severity of the violation, a minor or her legal guardian can take legal action against the business establishment. This could include filing a lawsuit to seek damages, such as compensation for any harm caused by the unauthorized use of their content.
Initial collaboration talks
Fairburn expressed her anger after a beauty brand used her underage daughter’s TikTok video in a paid advertisement on Instagram without permission.
Fairburn had collaborated with the brand to receive free products and post a video on her personal TikTok account. The agreement did not allow the brand to use the video on their website or in any paid advertisements.
Fairburn and her daughter declined when the brand inquired about obtaining usage rights to the video without compensation. Fairburn was appalled that the brand believed they could take content from her daughter without consequence.
“Seeking justice video” goes viral
With her rage, Fairburn made a TikTok video telling viewers how greedy Emmiol was for using her daughter’s content without proper permission.
One TikTok user said: “She’s also a MINOR. Call your local news desk. The media will expose them, which will scare them.”
Another one said, “Definitely take legal action! You have commercial use rights of your image that they’re profiting off. Make sure you screen record evidence!!!”
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