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Are Memes Illegal?
Let's look at when you should/shouldn't use memes in your content
Jordan Scheltgen
September 07, 2023
To meme or not meme, that is the question.
There’s no doubt that memes can be effective in helping increase brand reach.
But are they legal? And do they help your brand as much as you think?
See, one of your jobs in social is to manage brand risk online. When you use unlicensed music or photos/videos you didn’t create (or clear), you’re taking a risk.
And although a big account might be ‘getting away with it’ in your industry, that doesn’t mean you have to follow suit to compete.
Let’s start with the first part. Are memes legal?
Memes are subject to the same copyright as any other content created online. That means posting a meme is taking a risk.
PSA: Stop using Dude With Sign memes in your ads!
FJerry has sued half a dozen brands so far just this year, alleging copyright infringement and publicity rights violations.
Here's the allegedly infringing post targeted by the latest case, filed today:
— Rob Freund (@RobertFreundLaw)
11:14 PM • Apr 5, 2023
If you plan on using memes as a core part of your content plan, then it’s best to run the content by your lawyer. The risks between using a widely used image (below) and something from the Barbie movie are going to be different.
The bigger question is, why use memes at all?
When brands use memes, they inflate impression numbers, but it’s diet content––lacking the calories that original content carries.
So, instead of looking at how your brand can crank out memes, assess the content risk and content value toward your brand.
If you want more on this, check out the interview I did with Robert Freund on the latest episode of Mind Your Marketing.
