This book explores the intricate relationship between copyright law and internet meme culture, challenging an assumption that copyright is a barrier to digital creativity.
Using the lens of internet memes to analyse copyright law in the context of participatory remix culture, the book confronts a common perception that copyright is the "destroyer" of internet memes on social media platforms. Following the European Union’s Copyright Directive, widely known as the "Meme Ban," this book critically examines whether copyright might instead be reimagined to foster rather than inhibit re-creations that define internet meme culture. The book argues that this culture directly challenges copyright's core assumptions, and proposes a new, holistic approach to copyright that distinguishes between traditional and emergent forms of creative processes. Arguing for a flexible interpretation of copyright that limits private proprietary rights in the case of internet memes, it provides a legal framework to support socio-cultural discourse without undermining copyright's foundational principles. Covering core copyright concepts such as authorship, idea/expression, originality, fair dealing, and user rights, the book provides a compelling argument as to how copyright can adapt to the digital age as a protector of cultural expressions, ensuring that internet memes are not only preserved but celebrated.
The book will be of interest to researchers in the field of copyright law, the law of emerging technologies and intellectual property law.
This book explores the intricate relationship between copyright law and internet meme culture, challenging an assumption that copyright is a barrier to digital creativity. It will be of interest to researchers in the field of copyright law, the law of emerging technologies and intellectual property law.
Arvustused
A highly relevant monograph. The author masterfully guides readers through the intricate complexities surrounding the possible treatment of memes under copyright law. The book clearly demonstrates the need for recognising developing new communicative values and social practices as a chance for legal reform. A much needed and recommended intervention!
Guido Westkamp, Chair in Intellectual Property, Media and Comparative Law, Queen Mary University of London (QMUL)
Memes are ubiquitous but their cultural and speech value is sometimes overlooked. This work casts an interdisciplinary light on their importance. Brian Leungs discussion of copyrights application to memes is highly instructive in itself, and as a case study of key issues in copyright more generally.
Ilanah Fhima, Professor of Intellectual Property Law, University College London (UCL)
Introduction
1. The Dynamic Notions of Internet Meme Culture
2. The Memes have Spoken: A New Social Practice
3. Copyright, Memetic Creativity, and the Meme Pool
4. Copyright Uncertainties and Enforcement Tensions
5. Copyright should Facilitate Internet Meme Culture
6. Reconciling with Memetic Creativity
7. Non-Exclusive Rights of Underlying Work
8. User-Creators and their Rights
9. A Delicate Dance with Intermediaries
10. Roads to Reconciliation
Conclusion
Brian Chun Lok Leung is a legal academic and practitioner. He has been lecturing intellectual property law at University College London (UCL) and Queen Mary University of London (QMUL) and has been elected as an associate fellow of the Higher Education Academy. He has been working at international law firms in London, doing trade mark, customs, and online brand enforcement work. Alongside, he has been a tutor for the EUIPO Pan-European Seal Programme, a researcher for Copinger and Skone James on Copyright (19th Edition), and the Editor-in-Chief for the Queen Mary Law Journal (QMLJ). Brian holds a Bachelor of Laws from University of Birmingham; a Master of Laws in IP from UCL and a Master of Science in Law, Business and Management as part of a vocational training to qualify as a solicitor in England and Wales; and a Doctor of Philosophy in IP from QMUL.
