First, visual memes often involve copyrighted works such as photographs and video stills. Lantagne, Famous on the Internet: The Spectrum of Internet Memes and the Legal Challenge of Evolving Methods of Communication, 52 U Rich L Rev 387, 394 )Ĭopyright issues are triggered by the existence of memes for a few reasons.
There are few legal precedents on which to rely to help determine when memes infringe on copyrights. While there are non-visual memes, the visual memes are the types that are central to this blog analysis. They take the image out of its original context by either adding captions or editing it in a particular way. Traditionally, memes take an image or video stills and reimagines the original work in a way that would not be easily anticipated. The memes that are shared on this page allow students to commiserate with each other over the law school experience. (For social commentary see the recent Gamestop memes or for general memes expressing thoughts about daily life, see the "This is Fine" meme.) For example, there is a Facebook group focused on memes and specifically catered to law students. Today memes are defined as an "image, video, piece of text, etc., that is typically humorous in nature, that is copied and spread rapidly by internet users, often with slight variations."() Memes are a popular form of communication, as they can be used for a variety of intentions, including social commentary, comedy, and commercial usage. He originally defined memes as having the ability to carry information, be replicable, be transmitted from one person to another, and be constantly evolving by mutation. Memes originated in 1976 when zoologist Richard Dawkins came up with the term in his book The Selfish Gene. However, for photographers such as Smialowski and others who have had their images turned into memes, is there legal recourse if they choose to pursue?
In response to the boom that his photo caused, Smialowski stated, "I don't think anybody is crazy about their work turning into a meme, but it's nice to see people being creative with something." () Social media platforms have made it easy for memes to be shared and for more creative edits to be cultivated. The photographer who captured the image was Brendan Smialowski.
Thousands of edits involving Bernie spawned all over the internet, from Bernie sitting on the moon, to Bernie sitting next to Forrest Gump on a bench, to Bernie sitting on the Iron Throne from Game of Thrones, Bernie appeared everywhere. It was none other than Bernie Sanders who captured the attention of the younger public and overnight, became a viral meme sensation. However, the main event was overshadowed by another political figure who was sitting cross-legged on a metal chair, wearing handmade brown knit mittens and captured the current zeitgeist by wearing a blue surgical mask. The United States presidential inauguration of 2021 was a momentous occasion that marked the transition of power from Donald Trump to Joe Biden.
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