Merchandise Business Copyright/Trade Marks

[richrick118]

I reside in the state of Ohio.

My name is Rick, I'm thinking about starting up an online merchandising business. I was thinking about targeting millennial and gen z consumers and selling merchandise that has to do with memes. I know that the images that circulate the internet are protected under copyright, however my question resides with the legality of using said images but coming up with my own phrases and creating a different meaning for it usually involving poking fun at the memes and people who like them. Would this kinda of model be protected under parody law? If the legality is questionable would I have a decent defense if it were to come to that?

Thanks,
Rick

 

[FlyingRon]

Found on the internet doesn't mean public domain. Even widely exploited memes most likely have their root in some real copyright protected image and while the copyright holder may have given up trying to do anything about the online circulation of the memes, it doesn't mean they won't go after someone trying to make a buck at their expense (and it certainly is not anything approaching a defense for you if you are sued).

There's no model that will protect you from infringing on someone else's work. Your best bet would be to hunt down the originator of the work and obtain permission.

 

[quincy]

I reside in the state of Ohio.

My name is Rick, I'm thinking about starting up an online merchandising business. I was thinking about targeting millennial and gen z consumers and selling merchandise that has to do with memes. I know that the images that circulate the internet are protected under copyright, however my question resides with the legality of using said images but coming up with my own phrases and creating a different meaning for it usually involving poking fun at the memes and people who like them. Would this kinda of model be protected under parody law? If the legality is questionable would I have a decent defense if it were to come to that?

Thanks,
Rick

Parody is a defense that can be used if sued for copyright infringement. But it is costly to go to court to defend a use of another's rights-protected material - and parody is not always a solid defense to an infringement claim.

To qualify as a parody, your work must comment on the original work in a way that adds a new meaning or expression to the original. It must be transformative.

Like any fair use defense to an infringement lawsuit, a court will analyze four major factors - the purpose and character of the use (e.g., commentary, educational or for commercial purposes), the nature of the work used for the parody (e.g., informational or entertainment), the amount or substantiality of portion used (e.g., entire work used or a snippet), and the effect of the use on the value of or market for the original.

Although your underlying idea is clever, I fear you will run into opposition from rights-holders if you do not acquire permission from the holders of the rights first.

You might try to brainstorm ideas on how to accomplish the same goal of targeting memes and millennials without the need to use images that are copyrighted. Perhaps you can look for works that are confirmed to be in the public domain and use these images to get across your same message?

I recommend you have any product you create personally reviewed by a legal professional in your area prior to marketing and selling, to best ensure you and your new business avoid a lawsuit.

Good luck.