Memes & copyright

Πλυτά, Κατερίνα

Master Thesis

Author

Πλυτά, Κατερίνα

Date

2024-09

Abstract

When Richard Dawkins introduced the concept of "memes" in his 1976 book The Selfish Gene, as cultural equivalents to genes—units of cultural transmission spread through imitation—it’s unlikely that he could have imagined the role this idea would play in modern society, culture and the digital world of 2024. Since the late 1990s, when internet memes first emerged, they have evolved into the ultimate tool for sharing digital content and communication. Memes perform a wide range of functions and shape culture in profound ways. Yet, despite their prevalence, their fluid nature makes it difficult for scholars to pin down an exact definition. Beyond the challenge of defining them, copyright law has been scrambling to keep up with the rapid pace of online development, paying close attention to memes, particularly because they often involve the use of copyrighted material. A critical question emerges around whether memes, which rely on continuous replication of content, can themselves be considered original works under copyright law. The legal permissibility of memes often relies on exceptions to copyright rules, with the law making allowances for their use in specific contexts—most notably under the doctrine of fair use in the U.S. and the pastiche exception in the European Union. Pastiche falls under the broader exceptions for caricature, parody, and imitation, as outlined in Article 5(3)(k) of the InfoSoc Directive and Article 17(7)(b) of the DSM Directive. It represents a form of creative imitation, which has long fascinated both the art world and copyright law and it is widely accepted as the current framework to memes and other transformative uses. However, much like memes themselves, the exact boundaries of pastiche remain elusive. Alongside parody—an exception with a more established legal precedent, particularly highlighted in the ECJ case Deckmyn v. Vandersteen—pastiche has increasingly captured the focus of European lawmakers and courts. The German legal system has been particularly active in exploring its definition, especially through Article 51a of the UrhG, the national Martin Eder case, and the EU-centered Metall auf Metall series of cases, which have casted a brighter light into this intricate concept. As the world awaits the ECJ's ruling on the final chapter of Metall auf Metall, the global conversation intensifies: can memes truly be reined in by the rigid structures of traditional copyright law? Or, in the ever-evolving digital landscape—where old and new forms of creativity clash—do memes have the potential to break free, setting their own rules or disregarding them altogether? This question looms large, challenging the very foundations of intellectual property in the digital age.

Postgraduate Studies Programme

Δίκαιο και Τεχνολογίες Πληροφορικής και Επικοινωνιών (MSc in Law and Information and Communication Technologies)

Department

Σχολή Τεχνολογιών Πληροφορικής και Επικοινωνιών. Τμήμα Ψηφιακών Συστημάτων

Number of pages

Language

Greek

URI

https://dione.lib.unipi.gr/xmlui/handle/unipi/17408

Collections

Τμήμα Ψηφιακών Συστημάτων

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Except where otherwise noted, this item's license is described as
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα