How to protect Memes, GIFs, and other viral content from Copyright Infringement?

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

A meme is a piece of digital content, which is a short-duration clip or image with humorous text. It is a humorous inception out of the human mind that comes into existence meticulously based on the sense of humor of the person who wants to create satire, criticism, or any laughable text with relatable visual scenes. They are made out of either 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 and animated images 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 a GIF. GIFs are often created for quick user engagement.

Apart from these, Meta, the parent company of Facebook, WhatsApp, and Instagram, offers its users the ability 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 referred to 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 digital content like memes, GIFs, etc. viral content?

Digital content like memes, GIFs, avatars, or stickers appears too appealing to people; they share it below existing content instead of writing text comments, replies, or reviews, causing an 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 this viral digital content in their chat box so as to increase their reach to the masses.

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 needs 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, you can 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, 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 the 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 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 the trademark for such applicant, the trademark registration is accepted.

Remedy for infringement:

In India, for artistic and graphical content, the Copyright Act 1957 and the Trademarks Act 1999 protect the intellectual property.

Chapter XII, ‘Civil Remedies,’ and Chapter XIII, ‘Offences,’ of the Copyright Act provide civil and criminal remedies available to a person in case of infringement. Subject to the 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 the Trademarks Act 1999 provide 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 the Trademarks Act 1999.

Also, in case of international copyright or trademark violation, we have the Digital Millennium Copyright Act (DMCA) of the US, which protects any such copyright or trademark subject to its jurisdiction.

Conclusion:

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