Meme "name game" copyright ?

[karenerose]

Hello - sounds silly but can a meme idea be copyrighted ? I know we have seen the "what is your leprechaun name", "what's your redneck name" etc by coming up with 2 factors (initial of name, date of birth, month of birth) and making a silly name. I have a FB page for a children's book series I write about cats and chickens and last week did a "what is your chicken name" game. It is a photo of our chickens, the first names are all of our chickens names and the last names all made up silly names. It took off from last Thursday and has been circulating on FB.

This evening, I received a takedown notice from a woman who says she did the same chicken name game in 11/2013 on her blog and that it is copyrighted. Is this true ? I had never seen her post and how can an "idea" for a silly name game be copyrighted because the format is similar and the "what is your chicken name" title the same ? The idea for these types of games are all over the place so how can she "own" this ?

No images of hers were used so I am wondering what damage she is suffering from this ?

I appreciate any guidance on this topic.

 

[Zigner]

What US state are you located in?

 

[karenerose]

I am in Vermont

 

[quincy]

Hello - sounds silly but can a meme idea be copyrighted ? I know we have seen the "what is your leprechaun name", "what's your redneck name" etc by coming up with 2 factors (initial of name, date of birth, month of birth) and making a silly name. I have a FB page for a children's book series I write about cats and chickens and last week did a "what is your chicken name" game. It is a photo of our chickens, the first names are all of our chickens names and the last names all made up silly names. It took off from last Thursday and has been circulating on FB.

This evening, I received a takedown notice from a woman who says she did the same chicken name game in 11/2013 on her blog and that it is copyrighted. Is this true ? I had never seen her post and how can an "idea" for a silly name game be copyrighted because the format is similar and the "what is your chicken name" title the same ? The idea for these types of games are all over the place so how can she "own" this ?

No images of hers were used so I am wondering what damage she is suffering from this ?

I appreciate any guidance on this topic.

If you are asking if memes or name games can have copyright protection, the answer is yes. Names of games, on the other hand, are not copyright-protectable although they could have trademark protection.

For an example of a meme that has copyright protection, the rights to the "Socially Awkward Penguin" are held by National Geographic and licensed through Getty Images. Infringers (those who have not licensed the rights to use the awkward penguin image for their memes) can, and have, received notices of infringement and settlement demand notices.

Ideas on their own can never be copyright-protected but once original and creative ideas are fleshed out and fixed in a tangible form, they are automatically copyrighted.

That said, unless the woman with the blog has registered protectable elements of her game with the US Copyright Office prior to infringement and you have copied these, or the woman is using the "what is your chicken name" title as a trademark to identify a business product or service, she does not appear to have any legal action to pursue.

Defenses to any claims of infringement, as a note, can include fair use and independent creation.

If the notice you received was a DMCA takedown notice, you can respond to it by challenging the woman's rights in the chicken name game, or you can let your material be removed from its place online and let the matter go. You can also have an IP professional review facts to determine better if the woman has rights that she is legitimately protecting.

I did not check the copyright or trademark status of the chicken name game before posting, so you would be smart to do that.

 

[karenerose]

Thanks so much quincy ! The woman with the blog sent a FB message to me requesting me to take my meme down under DMCA laws. When I asked about her copyright in a reply, she merely sent me a link to the 2013 blog post and said it was copyrighted when it was posted. Her meme does not have the copyright symbol on it and although mine is similar in name and format (as most of the silly games are for format), the photo image and the actual chicken first and last names at different.

Is there a website to check the copyright/trademark of a meme to verify?

Thanks for the help and guidance !

 

[quincy]

Thanks so much quincy ! The woman with the blog sent a FB message to me requesting me to take my meme down under DMCA laws. When I asked about her copyright in a reply, she merely sent me a link to the 2013 blog post and said it was copyrighted when it was posted. Her meme does not have the copyright symbol on it and although mine is similar in name and format (as most of the silly games are for format), the photo image and the actual chicken first and last names at different.

Is there a website to check the copyright/trademark of a meme to verify?

Thanks for the help and guidance !

The woman with the blog may or may not have registered copyrights or trademarks. Registration is not necessary to gain rights in creative works or in trademarks. Copyright-protection is automatic upon the creation of an original/creative work (no copyright symbols are necessary) and trademark rights are gained through the use of the marks to identify a product or service (no trademark symbol is necessary).

Despite the fact that registration is not necessary, many will register their works and their names for the additional benefits federal registration offers. On the off-chance that the woman registered anything (I frankly think it doubtful that she did), following are links you can use to search the Copyright Office database and the Patent/Trademark Office database.

Here are links to the US Copyright Office, for a copyright search: http://www.copyright.gov and http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?DB=local&PAGE=First

Here are links to the US Patent and Trademark Office, for a trademark search: http://www.uspto.gov and http://tess2.uspto.gov/

The woman is probably correct that her blog page would be copyrighted if it is creative and original enough to be eligible for such protection, and it is a good bet that the blog page cannot be reproduced without her permission. But this does not necessarily mean that all that appears on the blog page is copyright-protectable. Ideas never are. How the ideas are expressed, however, can be.

It really would take a personal review of what the woman has done with her chicken name game and what you have done with your chicken name game to see if there is anything that looks as if it could support a legal action of any kind. The fact that you did not use her images is a plus as that would be obvious infringement.

You could have a quick review done by an IP attorney in your area if you fear the woman will sue you - or you can remove your chicken name game from its place on online, as the woman requested, to reduce that risk.

Good luck.