Are Memes Protected By Copyright Law?

Consuming memes on social media has remained popular throughout the years despite how quickly and nearly daily social media trends shift. Even those who stay away from social media and the Internet are nearly guaranteed to have come across humorous memes at some point, whether in marketing or print media. That's because memes have a lot of potential for influencing opinions and creating a friendly atmosphere.

Memes are humorous photographic or audiovisual depictions made for amusement and fun. They usually use images or video clips from various forms of online media and are frequently based on irony, satire, parody, or simply plain humor.

The meme culture industry prospers in the murky areas of intellectual property law where invention and creativity can grow unhindered by IP laws.

According to section 2(c) of the Copyright Act, 1957, "artistic works" include paintings, sculptures, drawings (including diagrams, maps, charts, or plans), engravings, pictures, works of architecture, and works of artistic handicraft. As the majority of the images and photographs used in memes are protected by copyright, sharing them without authorization is illegal.

Also, as stated in section 14(c) of the Act, the Copyright Law grants the sole permission to the right holders to perform or authorize someone to perform a reproduction of their copyrighted work. For instance, if a photo of Akshay Kumar is used in a meme and the photographer is the owner of the photo's copyright, then both Akshay and the photographer would be in possession of image rights and photo copyright and could file a lawsuit for alleged infringement.

Memes are continually and swiftly traced on social media platforms, and they go viral extremely quickly. But, the question here is whether or not it is allowed to copy someone else's work (a meme). The Copyright Act of 1957 safeguards the legal rights of those who put a lot of effort, skill, and time into making a meme. The fact that the person who created the meme is largely unknown does not absolve or shield him from legal repercussions.

Yet, no legitimate case of copyright infringement involving a meme has been brought up to this point. This is due to the legal doctrine of "fair usage," which steps in to protect copyright holders.

The Indian Copyright Act, 1957's Section 54(1) defines fair use as "fair dealing with any work." Fair use is a legitimate defense when copyright infringement would otherwise happen. The only person legally permitted to produce a meme is the owner of the copyright; memes shared on social media are regarded as derivative works. On the other hand, the owner's copyrights are not unalterable and absolute.

In India, a creator must satisfy two requirements in order to claim the fair use defense: I there must be no intent to engage in business competition with the copyright holder; and (ii) the original photograph/image/video/etc. must not be used inappropriately.

Market Substitution Test:

The market substitution test, which is frequently the first requirement, is simple to pass because a meme's primary objective is to take a sardonic or humorous view of anything involving a person rather than to compete with the copyright holder.

Improper Usage:

The second criterion deals with the idea of "improper usage," which is a broad concept that cannot be firmly defined but must instead be interpreted. Memes are typically not considered to be improper use because they are meant to be amusing unless the right holder finds them to be blatantly offensive.

Although none of them is definitive, the Copyright Act identifies four factors that can be used to determine whether or not the use of copyright material is fair. The first of the two variables is the goal and type of usage, and the second is the kind of copyrighted work. The third factor evaluates whether or not the portion used is significant with respect to the full copyrighted work. The effect of the usage on the potential market for copyrighted work is the final factor to be taken into account. The last point is that memes are often only utilized for entertainment and are very infrequently used for business.

Conclusion

As previously mentioned, memes often fall under the fair use doctrine's protection even though they have a minimal monetary value. While making memes for entertainment is acceptable, if they are utilized for profit or for publicity, the appropriate permissions and licenses from the copyright holders must be obtained to avoid legal ramifications. Give credit where credit is due if you know who created a meme the next time you see one that you want to share.