Picture this: You’ve just created the perfect meme using a still from your favorite Bollywood movie, added a witty caption, and watched it go viral with a million shares. But wait—did you just commit copyright infringement?
Welcome to the fascinating intersection of digital humor and intellectual property law, where even a simple “Drake pointing” meme could potentially land you in legal hot water.
What Does Copyright Law Say About Memes?
The term ‘meme’ originates from the Greek word mimema, which means “imitated.” It was introduced by British biologist Richard Dawkins in 1976 in his work The Selfish Gene.
A meme is an artifact that incorporates creative expression and perceptions. Accordingly, it meets the definition of ‘artistic works’ under Section 2(c) of the Indian Copyright Act, 1957.
This section states that artistic works include:
- Paintings
- Sculptures
- Drawings (including diagrams, maps, charts, or plans)
- Engravings
- Photographs
- Works of architecture
- Works of artistic craftsmanship
Most images and photographs used in memes are copyrighted material. While the resulting meme itself gains protection as an “artistic work” under copyright law, using copyrighted content without permission constitutes infringement and may be classified as an “infringing copy” under legal provisions.
For example, sharing a meme that includes a copyrighted image from a famous TV show without consent technically infringes that show’s copyright.
Legal Authorization for Meme Creation
Section 14(d) of the Indian Copyright Act authorizes making a copy of a film, including a photograph of any picture forming part of it. This means that creating a meme must be preceded by prior authorization from the copyright owner.
Under Indian copyright law, any original creative work is automatically protected from the moment it is created. Using these materials without permission is technically using someone else’s intellectual property.
Despite this, meme culture thrives in the gray zones of intellectual property rights, where creativity and innovation flourish even without formal IP protection.
In the landmark case University of London Press v. University of Tutorial Press (1916), it was held that the work must be the author’s creation. The originality of expression, not thought, matters. This principle is followed globally, including in India, emphasizing that new expressions derived from copyrighted work should not simply copy the original.
Legal Framework Governing UGC in India
The governance of User-Generated Content (UGC) in India is multi-layered, covering:
- Information Technology Act, 2000 and IT Rules, 2021 (Intermediary Guidelines and Digital Media Ethics Code)
- Copyright Act, 1957
- Sector-specific laws addressing obscenity, child safety, and privacy
These frameworks aim to balance freedom of expression with the need to control illegal, harmful, or infringing material.
- Section 79 of the IT Act grants intermediaries “Safe Harbor,” providing liability protection for user-generated content if they follow due diligence and comply promptly with takedown requests.
- Section 69A empowers authorities to block public access to content in the interest of sovereignty, integrity, public order, or to prevent incitement of offenses.
Copyright issues get particularly tricky when memes combine original content with copyrighted material like photos, videos, or artwork without explicit permission.
Is it Illegal to Make Memes in India?
Memes serve various purposes, from humor to commentary. The doctrine of fair dealing allows limited use of copyrighted material without permission under Section 52 of the Copyright Act, 1957.
In the context of memes and UGC, fair dealing permits use of copyrighted material for:
- Criticism
- Review
- Reporting of current events
- Educational purposes
In Super Cassettes Industries Ltd. v. Hamar Television Network Pvt. Ltd (2010), the Delhi High Court emphasized that fair dealing should be narrowly interpreted to protect copyright owners’ rights. Reproducing substantial portions of copyrighted material, even for criticism or reporting, must not replace the original work or undermine its market value.
Courts are increasingly tasked with striking a balance—protecting copyright while fostering a dynamic UGC culture.
Where Is the Line Drawn Between Fun and Infringement?
Several factors determine whether a meme qualifies as fair dealing in India:
1. Purpose and Character
To claim fair use, a creator must ensure:
- No intention to compete with the copyright holder.
- No improper usage of the original image/video.
Memes created purely for entertainment, commentary, or criticism rather than competition with the original work are generally safer.
2. Commercial vs. Non-Commercial Use
A key consideration is whether the meme is used commercially (profit, advertising, political campaigns) or just shared for fun.
- Non-commercial use: safer under fair dealing
- Commercial use: likely does not qualify as fair use
3. Amount of Original Work Used
- Using a single joke or still from the original work is less risky.
- Copying the “heart” or substantial part of the original work with minimal transformation may constitute infringement.
4. Impact on Market Value
Memes are usually recreational. If a meme harms the original creator’s ability to profit, courts may deny fair use protection.
5. Permission and Transformative Nature
- Obtaining consent from the copyright holder is the safest option.
- Memes adding new meaning, message, or expression to the original content are more likely to qualify as fair dealing.
Tips for Safe Meme Creation and Sharing
- Use original or licensed content, public domain material, or Creative Commons licenses.
- Alter images or videos enough to add new meaning or commentary.
- Avoid commercial use without permission.
- Credit creators whenever possible.
- Follow platform rules, as sites can remove infringing memes in response to DMCA or copyright complaints.
Conclusion
The meme landscape rewards creativity over copying. Sharing funny content is generally safe, but profiting from or diminishing other people’s hard work is risky. The key is not to stop creating memes—it’s to create better, transformative, and respectful content.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Privacy laws may vary based on circumstances and jurisdiction. Readers are advised to consult a qualified legal professional, such as Bisani Legal, for specific advice regarding data protection, privacy rights, or related legal concerns.
Published by: Mr. Saket bisani
Date: 13/09/2025
