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Copyright In The Age Of Memes: Examining Fair Dealing, Derivative Works, And The Evolving Boundaries Of Copyright Protection




Rimjhim Agrawal, Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur


ABSTRACT


It’s been nearly 30 plus years since internet became part of our daily lives and over a decade or two for Instagram, Facebook etc. Now these platforms can be used for various purposes, among which, is the circulation of memes which are usually circulated for comedic purposes. This practice has been so commonly engraved in our daily doomscrolls that we hardly think twice about it before sharing. While the unauthorized copying of songs, stories, or scripts is readily identified as copyright infringement, the use of memes despite their frequent reliance on copyrighted material often escapes similar scrutiny. This paper examines the scope and meaning of copyrighted subject matter in the context of memes and analyses the existing legal framework governing such use. It further explores the legal structure which is present regarding this. It further explores how the meme creators can protect their original creation and also what are the defences available to them against the blames of copyright infringement. We will further look into the study conducted to analyse how memes are perceived by the general public and how much these memes can affect the purchasing habits and brand reputations.


Keywords: Memes, Fair Dealing, Protection of Memes, Copyright, Copyright Protection



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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