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How To Protect Memes, GIFs, And Other Viral Content From Copyright Infringement?

Abstract: Memes, GIFs and other viral content on social media apps are very popular and rapidly consumed by people to give their reactions as well as review to certain idea or issue. Memes, GIFs, avatars, stickers, etc. spread among people at lightning speed, and thus, are highly susceptible to copyright infringement.

What are Memes, GIFs and other viral content and how they are made?

Meme is a digital content which is a short duration clip or image with humorous texts. It is a humorous inception out of human mind which comes into existence meticulously based on sense of humor of the person, who wants to create satire, criticism or any laughable text with relatable visual scenes. They are made out either from already existing copyrighted material i.e. shows, movie scenes, images, etc. or images or videos by the creator himself.

GIF is a raster image file that supports both static as well as animated image or scenes from video clips. One can create his own GIF content using his media or a scene from any video, movie, TV show, etc. and save it as GIF. GIFs are often created for quick user engagement.

Apart from these, Meta, parent company of Facebook, WhatsApp and Instagram offers its users to create their own digital content like similar looking avatars from one’s own image and stickers which are both static and animated digital content, often said as digital tokens. These are shareable and tangible digital content, and are subject to copyright as soon as they are created. People use them as a quick reaction or reply in social media apps, chats, texts messages, etc.

What makes a digital content like meme, GIF, etc. a viral content?

Digital content like meme, GIF, avatars or stickers, appears to people too appealing, they share it below existing content, instead of writing text comments, replies, or reviews, causing increase in traffic for that digital content on social media apps. People watch, like and share such content that increases user engagement. In layman’s language, they are termed as viral content. Since social media apps are mass communication and user-based apps. They list these viral digital contents into their chat box so as to increase their reach into mass.

Registration of Memes, GIFs, and other viral content

Memes, GIFs, and other viral content are subject of copyright as soon as they are created. In some countries, such content need no registration. But if one desires to register, in India, they can be registered under the Trademarks Act, 1999. Though you cannot register a Meme, GIF, or other content in a traditional sense like a business, but by creating and registering a brand identity around that digital content. Such brand identity will include the meme, GIF, etc.

Steps involved to register a meme, GIF, etc. as a trademark

  1. Create a strong brand identity: Create a distinctive strong brand identity around the meme, including the business name and logo. Registering a non-conventional mark like a GIF can be more challenging than a traditional trademark.
  2. Formal Application: For trademark registration, file a formal application with the relevant trademark office or IP India.
  3. Gather information: You will likely need to provide details about the meme, GIF, etc. its creator, and the date of creation, its industrial uses, etc.
  4. Consult a professional: It is highly recommended to consult with an intellectual property professional to navigate the complexities of registering a non-conventional trademark.
  5. Submit application: Follow the specific instructions on the website for submitting your application, which may involve an online form and a filing fee.
  6. Registration Purpose: You can register a meme, GIF, etc. as a trademark if it's used to identify and distinguish the source of your goods or services, such as a unique logo or a distinctive part of your brand.
  7. Publication: After filing application, the meme or GIF will be published in the trademark journal for objection for a period of four months.
  8. Objections: For any such raised objection, you have to defend your trademark registration either yourself or with a legal counsel.
  9. Provide evidence: You will need to provide evidence of how the GIF is used in commerce and how it functions as a trademark.
  10. Approval of Trademark: After declaration of any objection so raised as mala-fide, and there is no issue in acceptance of trademark to such applicant, the trademark registration is accepted.

Remedy for infringement

In India, for artistic and graphical contents, Copyright Act 1957 and Trademarks Act 1999, protects the intellectual property. Chapter XII ‘Civil Remedies’ and Chapter XIII ‘Offences’ of Copyright Act provide civil and criminal remedies available to a person in case of infringement. Subject to extent of copyright infringement, the remedy may differ. One can avail injunction, damages, or accounts of profits. Similarly, Chapter XII ‘Offences, Penalties and Procedure’ and Chapter XIII ‘Miscellaneous’ of Trademarks Act 1999 provides for remedies to infringement of registered trademarks. For any such infringement, the holder of such copyright can bring a suit in any court inferior to a District Court having jurisdiction to try the suit as per Section 134 of Trademarks Act 1999. Also, in case of international copyright or trademarks violation, we have Digital Millennium Copyright Act (DMCA) of US, which protects any such copyright or trademark subject to its jurisdiction.

Conclusion

Digital contents like meme, GIF, avatars, sticker, etc. have created a large user base among users, who share hundreds of such content on regular basis. Your images and video clips are your intellectual property and are subject of copyright or trademark as the case may be. The more you share in digital world, the more it increases the chances of such IP infringements. One has to be aware of such infringements and if wants to protects his creation, shall register his digital content at the copyright or trademarks registration office either offline or online.

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