top of page

Meme Culture And Copyright Infringement: A Dilemma On Derivative Usage




Ms. Soumya Mani, Assistant Professor, Impact College of Law, Patna

Dr. Shivam Rastogi, Assistant Professor, Aryabhatta Knowledge University, Patna


ABSTRACT


Memes, in the last few years, have become an integral part of our online existence. They effortlessly blend satire, humour, and social critique in a succinct and compelling way, to have emerged as a substantial tool of digital expression. Even though memes are apparently humorous, they tend to possess serious legal concerns, particularly involving copyright infringement. Memes, often, transform copyrighted content, including text, images, and videos, into new and satirical content. Such transformations may, in turn, potentially infringe the copyright of the original authors, thereby raising copyright concerns.


In Indian context, the Copyright Act, 1957, is the legislation that safeguards copyright, protecting original works of authorship such as literary, dramatic, musical, and artistic work. This study employs a qualitative descriptive analysis approach to probe and comprehend the complex interplay between meme culture and the legal jurisprudence on copyright in India. It also delves into the necessity of granting legal protection to memes under the Copyright Act, 1957. Further, the study undertakes a comparative analysis between Indian and the U.S. copyright regime with an objective to critically evaluate the efficacy of the Indian legal system to address copyright infringement actions in connection with internet memes.


Keywords: Meme, Derivative work, Copyright, Copyright Infringement, Intellectual Property.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

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.

bottom of page