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Internet Memes and Intellectual Property Risks

BY Scott J. Slavick
December 27, 2012

Internet memes ' those attention-getting images, videos, and catchy phrases that whip across the Internet via e-mail and social media ' have long been a part of online culture. But while a corporate strategy of exploiting memes can be highly entertaining and can capture consumers' attention, using these online assets can be risky if intellectual property rights are infringed in their dissemination. If your clients' marketers use Internet memes for corporate purposes, they risk unwittingly infringing the rights of intellectual property owners.

Originally created by consumers for entertainment, Internet memes are becoming popular among corporate marketers. Internet memes exemplify a sort of online pop-culture Darwinism ' survival of the funniest, if you will ' in which the most clever creations are shared across the Web. Memes evolve and spread rapidly, sometimes reaching worldwide popularity overnight. One author may create an image or idea around which other authors create permutations that are, virtually speaking, spread far and wide. Prominent examples include Keyboard Cat (http://playhimoffkeyboarcat.com), Futurama Fry (www.quickmeme.com/Futurama-Fry), Condescending Wonka
(www.quickmeme.com/Condescending-Wonka), Ridiculously Photogenic Guy (http://knowyourmeme.com/memes/ridiculously-photogenic-guy-zeddie-little), Sexy Sax Man (www.tmz.com/person/sexy-sax-man), and various images from the Cheezburger Network (www.cheezburger.com), one of the first websites to popularize Internet memes.

Given the vast popularity of some of the most widely disseminated memes, it is not surprising that corporate marketers increasingly seek to harness this popularity to promote commercial interests. Major brands, including Nike, McDonalds, Cisco and General Motors, are beginning to use them for advertising purposes.

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