Meme Culture And Copyright Infringement: A Dilemma On Derivative Usage

Memes, in the last few years, have become an integral part of our online existence. They effortlessly blend satire, humour, and social critique in a succinct and compelling way, to have emerged as a substantial tool of digital expression. Even though memes are apparently humorous, they tend to possess serious legal concerns, particularly involving copyright infringement. Memes, often, transform copyrighted content, including text, images, and videos, into new and satirical content. Such transformations may, in turn, potentially infringe the copyright of the original authors, thereby raising copyright concerns. In Indian context, the Copyright Act, 1957, is the legislation that safeguards copyright, protecting original works of authorship such as literary, dramatic, musical, and artistic work. This study employs a qualitative descriptive analysis approach to probe and comprehend the complex interplay between meme culture and the legal jurisprudence on copyright in India. It also delves into the necessity of granting legal protection to memes under the Copyright Act, 1957. Further, the study undertakes a comparative analysis between Indian and the U.S. copyright regime with an objective to critically evaluate the efficacy of the Indian legal system to address copyright infringement actions in connection with internet memes. Keywords: Meme, Derivative work, Copyright, Copyright Infringement, Intellectual Property.