Meme marketing, which involves using popular memes in social media content, often poses legal risks for brands because most memes are based on copyrighted images or videos. Using these unlicensed memes without permission can lead to copyright infringement lawsuits, especially if they are used for commercial purposes. Brands need to be aware that even organic social media posts using copyrighted memes are not exempt from legal action. To avoid these risks, brands should consider using legally licensed images, creating original content, or developing memes in partnership with copyright holders.
SlipperyShrimp
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Why meme marketing isn't legal for brands
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Discussion (2)
Brands think they are immune to copyright law if they are just posting on social media, but obviously that's not true.
The “fair use” argument doesnt hold water in most cases, especially when it comes to marketing. If you're using someone else's work to promote your brand, you're in a legal grey area at best, and straight-up infringing at worst.
Not to mention, the fair use argument is tricky. It's not just about how much you transform the original work, but also the purpose. If you're making money off of it, the courts are less likely to see it as fair use.