Why Those Memes Could Get You in Trouble

We wanted to use a meme of Grumpy Cat, but according to the Terms of Service on Cheezeburger, home of many memes:

“You agree to not use, copy, reproduce, transmit, broadcast,
sell, license, download, or otherwise exploit any of the Content other
than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites for any commercial purposes.”

Now, we realize that they may not own the rights to the images on their site either, so how can we feel safe using those even if they said we could? We found one Grumpy Cat meme that read, “Copyright Infringement? Good” over her sweet little grouchy puss. But didn’t dare use it.

So, we made our own.

Now, everyone and their uncle has shared a meme – usually on Facebook (Grumpy Cat got her start on Reddit). We’ve even used a meme or two in our posts. But, should the copyright holders decide to pursue the issue, who will they go after – your grandma, or a business with (presumably) deep pockets?

My go-to for all things legal in social media responded to my query with, “It’s always best to get a copyright holder ‘s permission. ‘Fair use’ too often invites a challenge.” My Facebook message to Grumpy Cat got no response at all.

How about a Knock-Off Meme?

Apparently those are fair game. How many Gangnam Style parodies have you seen? Even Home Depot got into the act with their meme, Richard the Cat. He hasn’t really taken off like they hoped, but surely their lawyers did the research first.

What’s your take? Is it illegal to use wildly popular memes like Grumpy Cat for business use? Please share in the comments below.

We’re not lawyers, and this is not intended to be legal advice! Always consult your lawyer when in doubt. We ARE, however, online marketing specialists, and it’s our job to keep on top of the issues that come up as our online world expands. If you would like to use social media for your business, but you don’t have the time developing the skills and carrying out the work, we’re happy to help! Contact us for a free review of your current efforts. We’re happy to offer suggestions, and we promise – no hard sells! Trust me, I don’t even know how…

Continue reading here: Five Reasons Social Media Won't Replace Your Website

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