Can I receive a warning due to a meme?
May 13, 2023 | 30,00 EUR | answered by Alice Falk
Dear Lawyer,
I have a question regarding copyright and I am somewhat concerned. I recently saw a funny meme on the internet and shared it on my own social media page, thinking it was harmless and funny. Now I have heard that it is possible to receive a warning letter for using memes, as they often contain copyrighted images or texts.
I am not sure if the meme I shared is copyrighted or not. I simply thought it was a good joke and did not consider whether I could unlawfully harm someone with it. I am now worried that I could receive a warning letter and do not know how to handle it.
Can you explain to me what legal consequences I could face if the meme I shared is copyrighted? Are there ways to avoid or respond to a warning letter if I have already received one? I would like to protect myself and ensure that I am not breaking any laws or unintentionally harming anyone.
Thank you in advance for your help and assessment on this matter.
Sincerely,
Felix Dörr
Dear Felix Dörr,
Thank you for your question regarding copyright in relation to the use of memes. It is understandable that you are concerned, as the legal situation regarding memes is often complicated and unclear. I will try to explain to you as extensively as possible what legal consequences you could face and how you can best protect yourself.
If you see a meme on the internet and share it on your own social media page, you could actually be infringing copyright if the meme contains copyrighted images or texts. Even though memes are often perceived as harmless and funny, that does not automatically mean they are free of copyright. Many memes are based on copyrighted content, such as photos or images from movies, TV shows, or other sources.
If the meme you shared is copyrighted and the creator or rights holder becomes aware of it, they could issue a cease and desist letter against you. A cease and desist letter usually demands that you remove the copyrighted material from your social media page and provide a declaration to refrain from using the material in the future. In addition, damages claims can be made, which can be quite high depending on the severity of the infringement.
To avoid receiving a cease and desist letter or to respond appropriately if you do, make sure to only share memes that are either in the public domain or for which you have obtained a license. It is advisable to check whether a meme is copyrighted before sharing it and to ensure you have the necessary rights to use the material. If you have already received a cease and desist letter, it is important to act quickly and comply with the demands of the sender to avoid further legal action.
If in doubt, it is always recommended to seek advice from a lawyer to ensure that you are not violating any laws and risking unintended legal consequences. I hope this information was helpful to you and I am available for any further questions.
Sincerely,
Alice Falk
Lawyer specializing in copyright law
