Are Memes Protected by Copyright? Navigating Legal Issues in Meme Culture

In today's digital age and meme culture, memes have become a powerful and widely shared form of communication, but their viral nature raises critical legal questions.

Do copyright laws protect memes, and what constitutes infringement? This article explores:

• How copyright law applies to memes,
• How creators can seek protection,
• And what qualifies as fair use under the Copyright Act.

Whether you're a meme creator or a business wanting to use memes, it's crucial to understand the legal boundaries.

Are memes protected by copyright under the common law?

Yes, memes are generally protected by copyright under common law.

When someone creates a meme, whether an original image, video, or text, it qualifies as an original work of authorship, giving the creator copyright protection as soon as it's made.

Even if a meme is widely shared, the copyright still belongs to the original creator or the copyright holder of the underlying content used in the meme, such as a movie clip or photo.

This means that others need permission to use or modify the meme unless the use falls under certain exceptions like fair use.

Are memes created by a meme generator protected under copyright protection?

Memes created with a meme generator can sometimes be protected under copyright law, but it depends on several factors:

• Originality of user contributions: If a meme involves creative elements, such as original text or edits demonstrating creativity, that contribution may qualify for copyright protection. However, if you're simply adding minimal text to a widely circulated image, it might not be considered sufficiently original for protection.
• Pre-existing copyrighted material: Meme generators often use well-known images or content that may still be under copyright protection, such as screenshots from movies, TV shows, or other media. When you create a meme with these elements, the underlying content remains protected by copyright, limiting your control over the meme as a whole. In this case, your meme might be considered a derivative work, which still requires permission from the original copyright holder.
• Terms of service: The platform's terms of use can significantly impact whether you have ownership over the meme you create. Some meme generators require users to grant the platform certain rights to the content, while others might retain copyright ownership themselves. Always review the terms of service to understand your rights.
• Public domain and fair use: If the generator uses public domain images or materials (works no longer protected by copyright), you can use those elements freely. However, if the image or template is copyrighted, your use may fall under "fair use" if it's transformative in nature, such as for parody or commentary. Keep in mind that fair use isn’t automatic and can vary case by case.

Want to learn more? Get more information about copyright protection in our detailed article “A Step-By-Step Guide | How to File a Copyright.”

How do you infringe on a meme?

You infringe on a meme by using, reproducing, or distributing it without the copyright holder's permission.

This includes altering or using the meme for commercial purposes without proper authorization.

Even if a meme has gone viral, its original creator still retains copyright, and using the meme without permission—especially for marketing or monetization—can lead to legal consequences.

However, some uses may be exempt under fair use, which is determined on a case-by-case basis.

Can you seek federal protection for a meme?

Yes, you can seek federal protection for a meme by registering it with the U.S. Copyright Office.

While copyright protection exists the moment a meme is created, federal registration provides additional legal benefits, such as the ability to sue for statutory damages in infringement cases.

To qualify, the meme must be an original work, whether a unique image, video, or combination of text and visuals.

Registering your meme strengthens your rights and offers more robust protection against unauthorized use.

What is considered fair use in the Copyright Act?

The fair use doctrine in the Copyright Act allows limited use of copyrighted material without permission from the copyright owner, typically for purposes such as:

• Criticism,
• Commentary,
• News reporting,
• Education,
• Or parody.

To determine if something qualifies as fair dealing, courts evaluate factors like:

• The purpose of the use (commercial or educational),
• The nature of the copyrighted work,
• The amount of the work used,
• And the effect of the use on the work's market value.

Each case is considered individually to see if the use strikes a fair balance under these factors.

When does a meme enter the public domain?

A meme can enter the public domain if all its elements are free from copyright or if its intellectual property rights have expired.

However, the situation is complex because most memes contain images, videos, or other content typically protected by copyright law.

Here are key factors that determine if and when a meme might enter the public domain:

1. Original material's copyright status: If a meme is based on content (like an image or video) created before 1924, it may already be in the public domain in the United States. However, each country's copyright laws differ, so this may vary globally.
2. Expiration of copyright: Copyright protection generally lasts for the creator's lifetime plus 70 years. After this period, the work could enter the public domain, allowing anyone to use it without permission.
3. Fair use: Many memes use copyrighted material under the doctrine of "fair use" in the U.S., meaning they modify or repurpose the original content for parody, commentary, or transformative purposes. This does not mean the work is in the public domain, but it allows limited use without infringement.
4. Public dedication: Some creators choose to place their works directly in the public domain using licenses such as Creative Commons.

Most modern memes are unlikely to enter the public domain anytime soon unless they're derived from older, public-domain content or the creators explicitly release them as such.

Protect what's yours with Copyrightable by Trademarkia

Understanding the copyright laws surrounding memes is crucial in today's internet culture.

Whether you're creating or using memes, it's important to know your rights and avoid potential legal risks.

While fair use offers some flexibility, it doesn't always apply, especially for commercial purposes.

By registering your creative works, including memes, through services like Copyrightable by Trademarkia, you can protect your rights and take action against infringement.

Don't let your creative efforts go unprotected—secure what's yours with the help of Trademarkia.