Low-key trend leads brands to recognize their creators’ contributions to viral trends

Brands are keen to get involved in viral trends and strive to be more authentic to the culture rather than obtrusively hiding in it. That's one reason these brands are collaborating with LeBron rather than creating their own “chaste” content, says Jen Winston, director of social at Lyft.

“We pride ourselves on this authentic appreciation of internet culture – it helps us minimize the 'silence, brand' reactions and show up in a way that actually gets through,” Winston said.

There is increasing pressure from creators, particularly those from communities of color, to acknowledge and compensate for the viral moments they create that are incorporated into marketing campaigns. In the past, brands have been criticized for incorporating viral trends into their marketing campaigns in the hope of cashing in on cultural moments—all without crediting the original creators.

“There's a feeling, especially among creators, but also among users, that if you don't credit the source, there can be significant backlash – especially if the source comes from communities that aren't typically adequately compensated for this kind of thing,” says Noah Mallin, a digital marketing and Generation Z consultant and former chief strategy officer at IMGN Media.

Not to mention, intellectual property rights and ownership on TikTok and other short-form video apps are still unclear, so it's unclear whether brands are legally allowed to use trending sounds and songs on the apps. Still, it may make more sense to work directly with a creator rather than trying to recreate that viral moment as a brand.

This week may have been a busy one for Lebron, considering how many brands have entered into marketing partnerships with the TikToker. On Monday, Lyft released a collaboration video featuring Lebron giving a Lyft ride — part of a reportedly paid partnership that garnered more than 70,000 likes on TikTok and Instagram. On Wednesday, Netflix launched a collaboration with Lebron to select a curated list of “chaste, mindful” shows and movies for subscribers to watch available on Netflix. (Netflix declined a request for comment.)

Meanwhile, real estate company Zillow released its own collaboration video with Lebron showcasing “modest” homes. It was part of a paid partnership that lasted just four days, said Ben Levine, senior director of channel marketing and social at Zillow. Financial details of the agreement were not disclosed.

“When someone creates an incredible meme like this that has tremendous traction, we owe it to them to get it all over the place,” Levine said, adding that creators are increasingly becoming entertainment talents and media personalities in their own right and should be treated (and paid) as such.

Brands can't wait to collaborate with creatives and secure cultural cred, especially given the ever-changing vocabulary of Gen Z. The low-key trend is the latest in a long line of viral moments that brands like Girl Dinner, Coastal Grandmother and others have wanted in on. In the past, the creators of some of the internet's most viral moments haven't always been recognized for their work.

One of the most famous examples was Jalaiah Harmon, a Black creative who created one of the biggest dances on the internet in 2019: The Renegade. Harmon's dance went viral and was picked up by bigger influencers like Charli D'Amelio or Addison Rae, who in turn were discovered by brands. The two mega-influencers found themselves in a social media storm after appearing on The Tonight Show to perform popular TikTok dances without crediting the original creators.

But the question of authorship goes back even further, to the days of a now-defunct Vine channel featuring Kayla Lewis, aka Peaches Monroee, who popularized the phrase “On Fleek” in 2014. Brands used the phrase on social media without crediting the original creator.

Creatives are realizing that they need to protect their intellectual property to reap a share of the profits a brand can make by capitalizing on a viral trend. It took rapper Megan Thee Stallion two years to secure the rights to the trademark “Hot Girl Summer” after the song's release in 2019. Soon after, the song was picked up by brands for marketing campaigns.

Perhaps, agency executives say, brands' work with LeBron indicates a shift in brands' mindset about participating in viral moments.

“People have become more aware of the concept of giving that recognition. Even people outside of the advertising industry now know what influencers and content creators are,” said Elliott Bedinghaus, vice president of creativity and partner at marketing and advertising agency Spark. “So I think in general, this is more respected as a creative avenue for people and therefore getting a little more recognition.”

However, Bedinghaus added that one shouldn't expect the industry to ever get to a point where creators are regularly compensated for ideas when they go viral. Given how quickly internet trends can emerge and fizzle out, maintaining attribution may become more difficult. This could be even more true as generative AI content continues to grow.

Still, agency executives say it will be a growing trend, with brands increasingly relying on creatives to embrace viral cultural moments rather than co-opting them.

“Because that way, there's no doubt, assuming the creator is really creating something original,” Mallin said. “The brand now puts the creator in the spotlight for what they do, rather than trying to imitate them or do something where recognition isn't appropriate.”