Internet Memes and Copyright Law by Leung, Brian Chun Lok;

Short description:

This book explores the intricate relationship between copyright law and internet meme culture, challenging an assumption that copyright is a barrier to digital creativity. It will be of interest to researchers in the field of copyright law, the law of emerging technologies and intellectual property law.

Long description:

This book explores the intricate relationship between copyright law and internet meme culture, challenging an assumption that copyright is a barrier to digital creativity.

Using the lens of internet memes to analyse copyright law in the context of participatory remix culture, the book confronts a common perception that copyright is the 'destroyer' of internet memes on social media platforms. Following the European Union’s Copyright Directive, widely known as the 'Meme Ban', this book critically examines whether copyright might instead be reimagined to foster rather than inhibit re-creations that define internet meme culture. The book argues that this culture directly challenges copyright's core assumptions, and proposes a new, holistic approach to copyright that distinguishes between traditional and emergent forms of creative processes. Arguing for a flexible interpretation of copyright that limits private proprietary rights in the case of internet memes, it provides a legal framework to support socio-cultural discourse without undermining copyright's foundational principles. Covering core copyright concepts such as authorship, idea/expression, originality, fair dealing, and user rights, the book provides a compelling argument as to how copyright can adapt to the digital age as a 'protector' of cultural expressions, ensuring that internet memes are not only preserved but celebrated.

The book will be of interest to researchers in the field of copyright law, the law of emerging technologies, and intellectual property law.

A highly relevant monograph. The author masterfully guides readers through the intricate complexities surrounding the possible treatment of memes under copyright law. The book clearly demonstrates the need for recognising developing new communicative values and social practices as a chance for legal reform. A much needed and recommended intervention!

Guido Westkamp, Professor of Intellectual Property, Media and Comparative Law, Queen Mary University of London (QMUL)

Memes are ubiquitous but their cultural and speech value is sometimes overlooked. This work casts an interdisciplinary light on their importance. Brian Leung’s discussion of copyright’s application to memes is highly instructive in itself, and as a case study of key issues in copyright more generally.

Ilanah Fhima, Professor of Intellectual Property Law, University College London (UCL)

Table of Contents:

Acknowledgements
List of Abbreviations and Acronyms

Introduction 

1. The Dynamic Notions of Internet Meme Culture

2. The Memes Have Spoken: A New Social Practice

3. Copyright, Memetic Creativity, and the Meme Pool

4. Copyright Uncertainties and Enforcement Tensions

5. Copyright Should Facilitate Internet Meme Culture

6. Reconciling with Memetic Creativity

7. Non-Exclusive Rights of Underlying Work

8. User-Creators and Their Rights

9. A Delicate Dance with Intermediaries

10. Roads to Reconciliation

Conclusion

Index