Owning memes that own the internet: navigating IP protection

In a digital world, a viral meme is more than just a quick laugh; it is a valuable vault. #

It can build a brand, a personality, and even generate a revenue stream. Think of the ‘Jet2Holidays’ audio that has taken the internet by storm and has made Zoë Lister a viral sensation overnight.

In a world of TikToks and Instagram reels, where millions share content, it is no longer simply entertaining. The possibilities are endless. This is where Intellectual Property (IP) law comes into play. After all, if you own the content, shouldn’t you own the revenue too?

What IP protections are available? #

While some memes break the internet, others vanish without a trace. Similarly, not all IP options offer the same level of protection. Understanding the nuances can make all the difference for your brand.

Copyright: Creative works, such as images, artwork, videos, and text, are automatically protected under copyright law upon creation. Copyrights grant you certain exclusive rights, such as distribution and broadcasting rights. Because copyright laws vary across the globe, it is important to understand key differences. For instance, registering a copyright in China can boost your ability to enforce your rights.

Trade marks: Memes can serve as powerful brand symbols. For example, consider the 'very demure, very mindful' trend. By securing a trade mark for your content, your business can safeguard its rights to use these recognisable signs commercially.

Design rights: Design rights and related protections can safeguard the distinctive layouts and visual formats that set your brand apart. Design rights are a specialised area of IP law, but securing design protection can effectively prevent competitors from copying your unique style.

Things to consider #

Before embarking on a legal journey, you may want to consider the following :

• Who actually created the work? In some instances, original creators have a strong claim. However, because different people are often involved in the creation of a work, ownership can become murky.
• Is it derivative work? Remixes, parodies, or edits may further complicate ownership claims.
• Licensing: If someone else is using your meme, having defined usage agreements in place can help prevent potential legal issues and conflicts in the future.

Having a clear understanding of these foundational elements simplifies the process of protecting your meme and helps prevent last-minute uncertainties regarding ownership once your content goes viral.

Avoid accidental freebies #

Sharing content online can sometimes unintentionally transfer your rights to the internet. Therefore, it is crucial to keep specific considerations in mind to protect your interests:

Attribution: Properly credit the creator whenever possible to ensure clarity on ownership, this includes crediting yourself.

Watermarking: Similar to NFTs, incorporating a unique identifier or subtle signature can enhance the ownership rights.

Fine print: Be cautious when using social media platforms. Each platform has its own terms and conditions regarding user content, so it is essential to be aware of potential pitfalls that could impact your legal standing.

Take a moment to plan your posts carefully and stay in control. Think strategically and post intentionally following the guidance above.

When to call in the legal experts #

Consulting with a legal expert early on can be a game-changer. It is a valuable step that can provide clarity, safeguard your interests, and set you on the right path for what lies ahead.

A good starting point to engage the help of an expert is:

• When you want to commercialise your content
• When it's your brand identity, and you want to explore how to protect it
• When you notice someone is benefiting from your content without permission

A viral meme is unpredictable, but your IP strategy shouldn’t be.

Ready to turn your viral moment into lasting value? #

Don’t let your creative work slip through the cracks. Whether you’re looking to protect a meme, build your brand identity, or stop others from cashing in on your ideas, our IP experts are here to help.