HOW EFFECTIVE IS COPYRIGHT LAW ON MEMES IN AUSTRALIA? A STRAIGHTFORWARD ANALOGY

- Written by Hajra Abdul Ghafoor

All this confusion to share or not to share when popularity of social media platforms makes it much easier for people to upload, stream and distribute what they like and sharing is only a click away.

In such times, we cannot rely on the answer given by some lawyers, “Well, it depends”. Well, anybody can answer that vaguely!

So, let us just make this simple, not over complicate the matter and dive exactly into what is allowed and what is not.

SO, WHAT DOES AUSTRALIAN LAW SAY?

According to Australian Copyright Council:

BASIC PERMISSIONS:

Permission or No Permission?

• - Need permission to use copyright-protected material unless there is an exception.
• - No permission if you can rely on fair dealing exception.
• - No permission if copyright has expired.

So, does it end here? Of course not! Legal framework provides a protective zone for all issues with freedom but flexible confinement.

AMENDED WORK PERMISSIONS AND FAIR USE – YOUR STATUTORY RIGHT:

But what is fair use?

When you transform some work into something new, that can be deemed as fair use.

Why? Because it is giving a new meaning to that Drake or Willy Wonka photo.

So, what are the ways of transforming?

Some common ways of creativity in different informatics are:

Audio: vocal line of one song added to instrumental track of another song to create new music, such as remixes or mashups.

Video: different scenes from different movies cut together to make a new scene with a different meaning.

Text: A zombie story combined with a text of a famous novel.

Images: Adding your own text as a part of someone else’s photograph as a part of a “meme’.

Keep in mind: Copyright plays a role because you may need the copyright owner’s permission if you are incorporating any copyright protected material into your new creations.

But wait, what does Terms of Use at the end of meme apps like mematic mean when it says “Use it only for personal use”?

Well, in apps like mematic or websites, there is a takedown or copyright infringement policy too, so, even if somebody does not like the meme or the caption on your photo (the person might find it offending or perceive as hate speech), he/she can file a report on copyright infringement or may issue a takedown notice.

TOO LAZY TO ADD THE CAPTION OR TRANSFORM AN IMAGE?

Well, here is the easiest solution!

1) Where to get image template for fair use?

- Google Advanced Image Search for fair use images, here.

- Using sites like Pexels, Pixabay and Unsplash.

2) Where can I edit the image or add captions free?

- You can use editing softwares like GIMP, Photoscape X and Fotor for personal amendments and avoiding copyright infringement.

- If you want to add caption on the images, you can use Canva (free), Sticker Maker (free) and Font Candy (cheap).

In any case, if you are going through any issues, it is better to seek advice from a legal representative.

For more details on copyrights, personal branding and detailed consultation on Intellectual Property, contact our team at ONE IP INTERNATIONAL PTY LTD.

References:

https://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Mashups__Memes__Remixes___Copyright.aspx