Do Internet Memes Have Licenses?

by joyjc
21 replies
Hi all

Does anyone know if internet memes have licenses? Is it okay to use a meme generator to generate memes without acknowledging the source of the meme?

I was thinking of posting memes on my website but wondered if there were any copyright or license implications.

Thanks in advance!

JC
#internet #licenses #memes
  • Profile picture of the author WillR
    If you are using images that are not owned by you then no, you have no right to be using them and you could land yourself in some hot water.

    So many people seem to think copyright law no longer exists on the Internet. I'm not sure where this attitude came from? A persons image is just as copyrighted as a song from Michael Jackson. You have no right to redistribute either of them unless you have been given direct permission from the copyright holder.

    Oh, and if they come knocking on your door and the only excuse you can give is that everyone else is doing it, unfortunately that won't help you out much in court.

    Say no to copyright infringement.

    (Sorry if it sounds like I'm having a go at you but it's not directed at your personally. I'm just a bit sick of the laxed attitude towards copyright infringement nowadays. I actually can't understand why there is so much confusion. If you didn't create something, you don't own it. Simple.)
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    • Profile picture of the author asiancasanova
      You can make your own meme . memes dont have license i think but its always way better to make your own . you do not know whether what you generate randomly is already been used by others .
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    • Profile picture of the author Riggs
      Originally Posted by WillR View Post

      So many people seem to think copyright law no longer exists on the Internet. I'm not sure where this attitude came from? A persons image is just as copyrighted as a song from Michael Jackson. You have no right to redistribute either of them unless you have been given direct permission from the copyright holder.

      Oh, and if they come knocking on your door and the only excuse you can give is that everyone else is doing it, unfortunately that won't help you out much in court.
      A fair point.

      However, knowing who committed a copyright crime does not immediately mean that person can be proven guilty of committing the crime. Anyone could have been at (or remotely accessed) a computer connected to a network of Internet connected devices within the persons home at the specific time the crime was committed. Proving the suspected person was the owner of a specific IP address is rarely sufficient enough evidence to prove he/she was the one responsible for the crime at the specific time it was committed.

      You might think you understand the law well, but prosecution is a lot more difficult than you might think without sufficient evidence. And sufficient evidence of someones involvement in a crime online is typically very difficult to obtain.
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      • Profile picture of the author WillR
        Originally Posted by Riggs View Post

        A fair point.

        However, knowing who committed a copyright crime does not immediately mean that person can be proven guilty of committing the crime. Anyone could have been at (or remotely accessed) a computer connected to a network of Internet connected devices within the persons home at the specific time the crime was committed. Proving the suspected person was the owner of a specific IP address is rarely sufficient enough evidence to prove he/she was the one responsible for the crime at the specific time it was committed.

        You might think you understand the law well, but prosecution is a lot more difficult than you might think without sufficient evidence. And sufficient evidence of someones involvement in a crime online is typically very difficult to obtain.
        If you don't get caught robbing a bank does that mean it's right?

        You can do what you want, that's fine.

        I'll just stick to following the law.
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  • Profile picture of the author pdrs
    I usually make my own - I often wondered about the licensing thing too - I know there are some "stock" photos that seem to have become very popular meme's and I wondered if the owners ever went after places like memebase etc...
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  • Profile picture of the author hustlinsmoke
    I would honestly check the trademark database first. Memes are all around us but ones like fiverr would get you in trouble.
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  • Profile picture of the author onSubie
    Hi

    Memes would fall under 'fair use' as a parody.

    Now if someone comes after you anyway, it may be expensive to show that.

    Mahlon
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  • Profile picture of the author Jessica Lynn
    When it comes to memes, I think most of the really good ones I see are infringing on someone else's copyright, whether that someone else cares or not. I've spent a lot of time on stock photo websites and I just haven't been able to find very many funny pictures that I think would make good memes. So, although I'd like to use them for traffic generation, I'm not currently doing it at the moment - the potential for a lawsuit just scares me too much.
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  • Profile picture of the author joyjc
    Hi everyone.

    Appreciate your input.

    I was quite puzzled though because I was going through SEOmoz's blog. There was a blog post titled "How To Use Memes to Build EASY Backlinks & Traffic" (sorry it seems like I don't have enough posts to post a URL so I can't give you the exact URL here.)

    And noticed it had those memes there.
    (eg the Lord Of The Rings meme, the philosoraptor meme, the what I really do meme.)

    So I'm wondering...

    Did the originators not bother about other people using their images?

    Also I noticed there were some products and WSOs that were meme softwares. Haven't really read through the threads yet though.

    I know that memes are hot and would do well on Facebook and Pinterest but all this time I haven't created any memes because I had a feeling they were copyrighted.

    Any comments on this?
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    • Profile picture of the author onSubie
      Originally Posted by joyjc View Post

      So I'm wondering...

      Did the originators not bother about other people using their images?

      ...

      I know that memes are hot and would do well on Facebook and Pinterest but all this time I haven't created any memes because I had a feeling they were copyrighted.

      Any comments on this?
      As I said in my earlier post. A meme would be considered 'fair use' as a parody.

      Saturday Night Live doesn't need permission or pay royalties to Paramount every time they do a Star Trek skit or parody a Star Trek character.

      Pron producers don't pay royalties when they make 'The Flintbones'.

      A meme is the same thing.

      But that doesn't mean someone like Getty couldn't try to sue you anyway because they are very aggressive and rely on intimidation, not the courts.

      Mahlon
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      • Profile picture of the author Jim Hughes
        Originally Posted by onSubie View Post

        As I said in my earlier post. A meme would be considered 'fair use' as a parody.
        It may or may not be.

        Here's an article I found that discusses some of the considerations involved:
        Copyright Law - Parody
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  • Profile picture of the author joyjc
    Hi all. Appreciate your response!

    I don't really understand legal terms and all but yes I do understand that there are copyright stuff.

    Hmm well how about I create a meme using a meme generator? that would mean that the meme generator's URL would be embedded in the image.

    Oh here's something else to consider. I do believe i read somewhere that it is okay to copy an idea so long as you give it your own twist and flavor. This happens a lot on article directories. Articles from different authors talk about pretty much the same ideas but they are presented in different ways. So as far as memes are concerned, the definition of a meme is "an idea, behavior or style that spreads from person to person within a culture" (source: wikipedia). Not sure how this applies to memes though. #justsaying

    In any case since way too many people are using the same image and putting their own slogans and statements in them, I'm guessing that the owner of the original copyright would have a difficult time keeping track of who copied it, and how many lawsuits to file? Once again, #justsaying.

    P.S.
    I believe hashtags are also considered memes. Correct me if I'm wrong here.
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  • Profile picture of the author mosthost
    You need to check with Geoffrey Leonard before using his meme
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    • Profile picture of the author joyjc
      @SethTheUBotGuy

      Hmm...
      Seems legit.

      Maybe the owner of the fictional char will. lol.

      hey at least you credited the meme generator lol.
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  • Profile picture of the author kindsvater
    Copyright law is complex, but generally on this issue you're talking about the fair use of funny sayings matched with a picture, that are being passed around for non-commercial use.

    .
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    • Profile picture of the author joyjc
      Originally Posted by kindsvater View Post

      Copyright law is complex, but generally on this issue you're talking about the fair use of funny sayings matched with a picture, that are being passed around for non-commercial use.

      .
      Yup but if I'm gonna use them on my website which I monetize wouldn't that be classified as commercial?

      Edit: Wait a minute, did you say non-commercial use? But you're using that meme to drive traffic to your website where you have your products/CPA offers/affiliate links. Is that still classfied as non-comm?
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  • Profile picture of the author theonlineguru
    Well if your website has Google AdSense or your affiliate link then it would be classified as "commercial use".
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    • Profile picture of the author icandi
      This is an interesting thread, I would have thought with the latest offerings of Meme Generator WSO's there would have been a lot more interest. I was reading this article which might clarify matters.
      I Can Haz Copyright Infringement? Internet Memes and Intellectual Property Risks
      It depends on your POV, people often try to justify with statements such as, "everyone does it", "there's no harm in it", "I didn't know that permission was needed" etc, etc, I've heard people justify that the reason they illegally download music is that CD's are overpriced, that may be but wouldn't stand up in a legal case.
      Ignorance is no defence as someone once said, I think most people do actually know. Problem is that most people just don't care and if it suits their agenda to use other peoples creativity for their own gains without paying, then they will continue, but they will be the first to complain if they have to pay when caught. I've spent lots with Istock and sleep well as a result. There are plenty of free resources available too, the only requirement is an attribution.
      I wonder if Facebook has a "get out clause" for hosting the images? I'm sure they have, just as You Tube have I guess.
      Just my opinion main reason and don't want to get into the legalities of You Tube, Pinterest (another massive debate on the web continues) or any other areas where this is debated and will continue to be, as long as there is the www
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  • Profile picture of the author Corey Geer
    Please tell me the question here and responses isn't real...



    Please don't sue me Christopher Nolan/Heath Ledger's Family
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