Are Memes Copyrighted? How Copyright Law Handles Meme Culture (2026)

Memes are the shorthand of the internet. They spread jokes, opinions, and commentary in seconds. But most memes are built on someone else’s work: a movie still, a TV clip, a stock photo, or a picture of a real person.

So are memes copyrighted, and can you get in trouble for using one? Here’s how U.S. copyright law treats memes, where the real risks are, and what businesses should know before posting one.

Are Memes Copyrighted?

Usually, yes, in two layers. The underlying image or clip almost always belongs to someone: a film studio, a photographer, or the person who took the original photo. And the meme creator may own a thin copyright in their own added text and arrangement, if it’s original enough.

That doesn’t mean every use of a meme is infringement. It means memes are not public domain by default, and whether a particular use is allowed depends on fair use, licensing, or permission. Our guide to common law copyright explains how protection attaches automatically, without registration.

When Is Using a Meme Fair Use?

Fair use allows limited use of copyrighted material without permission for purposes such as commentary, criticism, parody, and news reporting. Courts weigh four factors:

1. Purpose and character of the use. Is it commentary or parody, or is it commercial? Does it serve a different purpose from the original?
2. Nature of the original work. Highly creative works, like films, get stronger protection than factual ones.
3. Amount used. Memes often use a single frame, which helps, but a single photo may be the whole work.
4. Effect on the market. Does the use replace a license the owner would normally sell?

Most everyday meme sharing, where someone uses a familiar image to comment on news, politics, or daily life, has a reasonable fair use argument. And in practice, few rights holders pursue individual sharers.

But the Supreme Court tightened the first factor in Andy Warhol Foundation v. Goldsmith (2023). Adding a new meaning or look isn’t enough if the use serves the same commercial purpose as the original. For businesses, that makes “it’s a meme, so it’s transformative” a weak argument. We cover the case in our roundup of landmark intellectual property cases.

Parody vs. Satire in Memes

Parody gets the strongest fair use protection, but it has a specific meaning: a parody comments on or mocks the original work itself. A meme that uses a movie scene to poke fun at that movie is parody.

Most memes are something else. They borrow a familiar image to joke about an unrelated topic, like using a reaction shot to comment on Monday mornings. Courts treat that as satire, which still can be fair use but needs more justification, because it doesn’t need that particular image to make its point.

Real Meme Copyright Lawsuits

Meme lawsuits are less common than takedowns, but when commercial use is involved, they happen:

• Grumpy Cat (2018). The company behind Grumpy Cat sued Grenade, a beverage company that had a license for one iced coffee product but used the cat’s image on other products. A federal jury awarded $710,001 for copyright and trademark infringement and breach of contract.
• Pepe the Frog (2019). Artist Matt Furie, who created Pepe, sued Infowars for selling a poster featuring the character. The case settled shortly before trial, with Infowars agreeing to pay $15,000 and stop selling the poster.
• Viral mugshots and personal photos. People who became memes without consent have sued companies that used their image in ads, relying on right of publicity and privacy laws rather than copyright.

The pattern is clear: the risk jumps when a meme is used to sell something.

Can Businesses Use Memes in Marketing?

This is where most legal problems start. Brands use memes because they’re relatable, but a meme in an ad or a sponsored post is commercial use, and that changes the analysis:

• Copyright. Using a movie still or stock photo to promote your product is much harder to defend as fair use, especially after Warhol.
• Right of publicity. If the meme shows a real person, using their face to promote your business can violate state right of publicity laws. Illinois, for example, has a Right of Publicity Act that requires written consent for commercial use of someone’s identity.
• Trademark. Some meme characters and phrases are registered trademarks, and using them on merchandise can lead to an infringement claim.
• Platform rules. Social platforms remove content after copyright complaints, and repeated strikes can get a brand account suspended.

Safer options for businesses: create original memes with your own images or footage, license the image (many popular stock-photo memes, like “Distracted Boyfriend,” can be licensed), use GIF libraries built into platforms only as their terms allow, or ask permission from the person pictured.

What About GIFs?

GIFs work the same way. A GIF of a movie or TV scene is a copy of part of a copyrighted work. Sharing GIFs through platform tools like GIPHY inside messaging apps is generally covered by those platforms’ licensing arrangements and terms, but downloading a GIF and using it in your marketing is not.

What If Someone Turns Your Work Into a Meme?

If your photo, artwork, or video becomes a meme, you still own it. You can usually tolerate personal sharing while acting against commercial misuse, such as merchandise, ads, or reposts by accounts that monetize your work. Your main tools are:

• A DMCA takedown notice to the platform hosting the content
• A cease and desist letter to a business using your work commercially
• Copyright registration, which you need before you can sue, and which opens up statutory damages if done early. See our guide to Copyright Office processing times.
• Licensing, which is how some meme owners have turned viral images into income

How to Use Memes Safely

• Use your own photos, video, or artwork as the base
• For personal posts, comment on the image rather than just reposting it
• For business posts, license the image or get written permission, including from anyone pictured
• Don’t put meme images on merchandise you sell
• Remove content promptly if you receive a takedown notice

Frequently Asked Questions

Are memes copyrighted?

Usually. The image or clip a meme is built on almost always belongs to someone, such as a studio or photographer, and the meme creator may own their added text. Memes aren’t public domain by default, so whether a use is allowed depends on fair use, licensing, or permission.

Can I get sued for posting a meme?

It’s possible but rare for personal, non-commercial sharing. The real risk is commercial use, such as using a meme in an ad or on merchandise. Grumpy Cat’s owners, for example, won a $710,001 jury verdict against a company that used the image on unlicensed products.

Can businesses use memes in marketing?

Only carefully. Commercial use is much harder to defend as fair use, and if the meme shows a real person, using it in an ad can also violate their right of publicity. Businesses should create original memes or license the images and get permission from anyone pictured.

Are memes fair use?

Some are. Memes used for commentary, criticism, or parody have a stronger fair use argument. Memes used to promote products or services are much weaker, especially after the Supreme Court’s 2023 Warhol decision.

Do copyright laws apply to GIFs?

Yes. A GIF from a movie or TV show is a copy of part of a copyrighted work. Sharing GIFs through built-in platform tools is generally covered by those platforms’ terms, but using a downloaded GIF in your marketing is not.

Questions About Memes and Copyright?

Whether you’re a brand planning a social campaign or a creator whose work went viral, Drishti Law’s copyright attorneys can help you understand your rights and risks. Call 773-234-1139 or book a free consultation.

Sahil M.

Sahil Malhotra
Sahil Malhotra is an Intellectual Property Attorney, who founded Drishti (“vision”) law because of his vision in protecting dreams and ideas.

He provided individuals and small businesses with an opportunity to enhance their IP’s value by helping them register trademarks and successfully argue against office actions. In addition to his training and experience, he has been deeply involved in the multifaceted IP portfolio at UIC and continues to be associated with IP organizations and conferences.

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