Introduction:-
In the digital age, Memes have emerged as an effective means of soliloquy and cultural representation, which has reshaped the way we communicate and express ourselves. Memes are humorous photographic or audiovisual depictions made for amusement and enjoyment.
They usually incorporate pictures or bits from the many forms of online media and are frequently based on satire, parody, sarcasm, or simply plain humour. According to statistics, In 2022-23, more than 40% of the Indian population spent at least an hour everyday consuming the meme culture on the internet and social media.
However, these memes thrive on the intellectual property of others, they contain images and videos which are in most cases owned by a separate entity. For example, A popular ‘meme’ of a frog went viral in the early 2010s, though this was unintentional, the original artist found this use of his art offensive and filed several different lawsuits protecting his right, however, such memes of the particular frog are still circulated on the internet for a plethora of reasons.
Background:-
Section 2(c) of the Copyright Act (1957) defines “artistic work” as, a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an engraving or a photograph, whether or not any such work possesses artistic quality; a work of architecture; and any other work of artistic craftsmanship. Therefore, a work of art does not need to be a high effort creation. Therefore, the legitimate owner of the photo or video will always be able to file a copyright infringement lawsuit against the offender and get compensation.
However, meme creators are protected with the concept of “Fair use”, The doctrine of fair use is a pivotal aspect of copyright law, permitting limited use of copyrighted material without infringing on the creator's rights. Meme creators often unknowingly invoke fair use, asserting that their work falls within this exception due to its transformative and satirical nature but, determining the boundaries of fair use for memes can be subjective, with courts considering factors such as the purpose, amount and market value of the original material.
Memes are made for entertainment purposes, and as long as the creator does not profit financially from them, doing so is deemed fair use. However, if it is made with the intention of making money without the owner of the original work's consent, it might constitute a copyright violation, and a meme used for commercial purposes is not entitled to protection under the doctrine of fair use. This muddied provision creates confusion amongst courts and jurists, creating a severe grey area of law that is only bound to increase with the advent of AI meme creation.
Significance:-
The Delhi High Court ruled that Section 52 of the Copyrights Act, 1957, was not meant to define what an act of infringement is, but rather to safeguard freedom of speech as guaranteed by Article 19(1) of the Indian Constitution. Every jurisdiction has a different fair use doctrine. The copyright law in Australian jurisdictions permits fair use for satire but is restricted to dramatic or literary works.
However, Section 52(1) of the Indian Copyrights Act permits Fair Use of any work for individual or private use, review, criticism, etc. Fair Use requires that there be no purpose on the part of the violator to engage in profitable rivalry with the copyright owners.
However, The creative work put in by meme creators to literally transform a simple image to a higher good, which might seem insignificant in the broader perspective but still holds a great deal of effort, might go to waste if it fails to achieve its initial purposes due to the vagueness of copyright laws.
The liability of social media intermediaries like Twitter or Instagram adds to this confusion with their own Infringement policies, which, although not legally binding, still might differ completely from the precedents set by courts.
Conclusion:-
Memes are well-liked because they provide humour in a way that everyone can understand. They are a straightforward kind of entertainment that can be tailored to fit any situation. They can be employed for family-friendly humour, branding and marketing, or political satire. It is evident from the debate above that there are questions regarding the IP rights of memes. In India, because there are no precedents in Indian courts on this topic, the technicalities of the problem will stay in the shape of arguments.
Striking a balance between protecting creators' rights and allowing for the vibrant evolution of meme culture is essential. As the digital landscape continues to evolve, legal frameworks must adapt to account for the unique nature of memes and their impact on society. Education about copyright, fair use, and platform policies is crucial for both meme creators and the general public. Ultimately, fostering a collaborative dialogue between creators, copyright holders, and legal experts will help shape a more nuanced understanding of copyright protection in the realm of meme culture.