Internet memes and copyright: Facilitating the memetic remix discourse by viewing joint authorship flexibly?

Abstract

Interactions between internet meme culture and copyright law are inherently complex: online communities often do not seek express permission from rightsholders of underlying work to recreate internet memes. However, internet meme culture can be tremendously valuable from sociocultural and economic standpoints. As such, there are apparent benefits if copyright law could integrate the memetic remix discourse within its evaluations in a systematic manner. To this end, this article entertains the merits of interpreting the joint authorship test flexibly, as one of the many possible ways to integrate the memetic remix discourse in UK copyright law. Such a systematic and integrated approach may better reflect internet meme culture. It allows copyright to prevent selective enforcement because rightsholders of underlying works will not enjoy sole control over the use of their work once they become viral internet memes. It also paves way for copyright law to systematically facilitate underlying works to evolve into viral internet memes without a constant dread of retrospective takedowns and infringement claims.