Memes have become an integral part of internet culture and social media. From relatable jokes to parody images, memes allow people to share humor and commentary on current events. With the rising popularity of memes, many social media users have created meme pages – accounts dedicated to curating and sharing memes. However, the legal status of operating meme pages has come into question. This article will examine whether meme pages are legal and the potential risks of running one.
What are meme pages?
A meme page is a social media account that primarily shares memes. Meme pages tend to focus on a specific theme or niche, such as relatable memes, political memes, or fandom memes. The creators of meme pages curate memes from across the internet that fit their page’s theme and share them with their followers. Popular meme pages can accumulate millions of likes and followers across platforms like Facebook, Instagram, and Twitter.
Meme pages do not typically create original meme images. Instead, they find trending memes created by others and repost or share them. Some meme pages provide credit to the original creator of the memes they share. However, many do not, which has led to accusations of stealing content.
Are memes protected under copyright?
Whether a meme page legally can share memes without permission largely depends on the copyright status of the memes themselves. Memes often utilize images, clips, or screenshots from media properties like movies, TV shows, video games, and more. These properties are protected under copyright law, which gives the owner exclusive rights to reproduction and distribution.
If a meme directly incorporates copyright-protected material, the creator of the meme does not necessarily have the right to freely distribute it. Reposting or sharing that meme would still require permission from the copyright holder. However, memes that use material with an expired or invalid copyright would be free to use without permission.
There are exceptions to copyright that may protect some memes, such as fair use. Fair use allows limited use of copyrighted material for purposes like commentary, criticism, and parody. Memes created for parody or social commentary might qualify as fair use, granting protection for sharing without permission. However, fair use is determined on a case-by-case basis.
When does a meme become an original work?
While individual memes may borrow from copyrighted sources, at a certain point a collection of memes may become more transformative in nature. A meme page that curates and arranges memes into a cohesive experience may have a stronger claim of creating an original work. However, this theory remains legally untested.
In 2019, Instagram meme pages @Fuckjerry and @thefatjewish were sued for copyright infringement by photographer Maya Applegate for uncredited use of her photo in a meme. The case eventually settled out of court, so no legal precedent was established.
Potential copyright risks for meme pages
Given the untested legal standing of meme pages, several risks emerge for those running meme accounts and curating viral memes:
- Copyright strikes and account termination – Platforms like Facebook and Instagram may remove content or disable accounts that receive multiple copyright complaints and DMCA takedown notices.
- Copyright lawsuits – Copyright holders can sue meme account owners for damages related to copyright infringement.
- Loss of advertising revenue – Pages with frequent copyright claims may lose partnerships and revenue streams from advertisers and influencer marketing.
These outcomes become more likely if a meme page engages in rampant uncredited sharing of other people’s original memes and viral content.
Best practices for managing copyright risk
Meme page owners can take certain steps to better manage their copyright risk:
Credit original sources
When possible, credit the creator of any memes shared on the page. This establishes the meme as their intellectual property and shows the account is making a good faith effort to acknowledge original work.
Avoid overuse of major IP
Memes based on immediately recognizable major franchises are more likely to garner swift copyright action. Minimizing use of memes that heavily incorporate major IP like Disney, Nintendo, etc can help reduce risk.
Rely more on user-generated content
Solicit user submissions for memes and original content that creators have explicitly given permission to use. This can shift the balance towards more “legal” memes.
Make transformative works
Create original mashups, compilations, and other transformative versions of trending memes. This makes the end product more unique than just a copied meme.
Consult an IP lawyer if monetizing
Get a real assessment of copyright liabilities if attempting to make money from branding, merchandise, or advertising related to a meme page.
Can you legally make money from a meme page?
Monetizing a meme page introduces additional legal considerations. While sharing memes for free speech purposes may have some protections, making money from copyrighted content is far more legally dubious.
Potential ways meme pages make money include:
- Selling merchandise like t-shirts with printed memes
- Running advertisements through the Facebook Audience Network or display ads
- Promoting brands through sponsored posts and influencer marketing
- Paid partnerships with other pages and influencers
- Crowdfunding through platforms like Patreon
All these monetization methods rely on the content and engagement of the meme page itself. But if that content heavily uses unlicensed IP, the page has no legal right to profit from it. Copyright holders could issue takedowns or sue for damages.
To legally monetize a meme page, creators either need to use 100% original content or partner with copyright holders. Getting licenses to profit from franchises featured in memes is possible but unlikely for small pages. Relying more on user-generated memes and transformative content helps, but having an IP lawyer review monetization plans is recommended.DMCA Takedown Notices
Meme pages may receive Digital Millennium Copyright Act (DMCA) takedown notices from copyright holders requesting removal of infringing content. Under the DMCA, sites and services must comply with valid notices and have a process for submitting counternotices.
If a meme page repeatedly neglects DMCA notices and counterclaims, the platform can ban the account and a copyright holder can potentially sue for noncompliance. However, counterclaims do give meme creators recourse if they believe the work qualifies as fair use.
Facebook details its copyright and DMCA procedures in its online Help Center. It requires legal names and physical addresses for official DMCA notifications to be processed.
Instagram’s help page explains its DMCA takedown process. Copyright holders can submit notices through Instagram’s web form or physical mail.
YouTube
YouTube offers a DMCA complaint process to request removal of videos with infringing content. Its policies warn that accounts with repeated violations will be terminated.
Notable meme page lawsuit settlements
While court precedent on meme copyright issues is limited, some high-profile lawsuits against viral meme accounts have resulted in settlements:
| Plaintiff | Defendant | Settlement |
|---|---|---|
| Maya Applegate | @FuckJerry, @thefatjewish | Undisclosed settlement and post deletion |
| Matt Furie (“Pepe the Frog”) | @FuckJerry | $4,000 donation and post deletion |
| Ellen DeGeneres | Various | Cease & desist to meme accounts |
Other copyright holders like Universal Pictures and Warner Bros have sent cease and desist notices to meme pages posting content from properties like Minions and Harry Potter.
Are meme pages ethical?
Even if a legal case can be made for sharing viral memes, ethical concerns persist around proper attribution and promoting positivity. Memes often remix media made by others, so citing sources helps ensure creators receive recognition.
Offensive memes also raise concerns when shared widely. While humor is subjective, controversial memes may spread negative stereotypes or normalize harmful behavior. Meme page curators should consider their social responsibility.
When used for positive purposes, memes can bring joy, spread awareness, and create a sense of community. Meme page owners should focus on those outcomes through ethical and inclusive curation practices.
Conclusion
Meme pages exist in a legal gray area. Sharing viral memes for entertainment purposes may qualify as fair use if not excessively commercialized. However, meme accounts risk DMCA takedowns and lawsuits, especially if making money from unlicensed content.
Legally safest options for meme pages include:
- Crediting original meme creators
- Obtaining user permission to share submissions
- Relying more on transformative meme derivatives and parodies
- Consulting a lawyer before monetizing
- Complying with any valid DMCA notices
With careful and ethical curation practices, meme pages can spread laughter and commentary without trampling copyright law. The space continues to evolve, so leveraging user communities and thinking twice before commercializing is key.
