PARODY
Limited use allowed
UK law says fair dealing for caricature, parody or pastiche does not infringe copyright. Guidance stresses that only minor uses are permitted.
Check a memeMost memes are built from someone else's picture.
In the UK, copyright applies automatically, and copying or posting a work online usually needs permission. Since 2014 the law has allowed limited, fair use for parody, caricature and pastiche, but only minor uses, and other laws still apply.
- Borrow a little
- Make it your own joke
- Don't punch with lies
- Small habits, fairer memes
THE SHORT ANSWER
Minor and fair,
or ask first.
Copyright stops copying without permission.
A few exceptions allow fair, limited use.
CARICATURE
A nod to the original
GOV.UK's examples include a cartoonist referencing a well-known artwork in a caricature, or a comedian using a few lines from a film or song.
What counts as fair
PHOTOS
Photos are different
Fair dealing for reporting current events covers most works, but not photographs. A photo cannot be reproduced to report the news.
See the numbersGeneral information only, not legal advice. For advice on your own situation, speak to a qualified lawyer or a free advice service.
FOUR HABITS TO TRY
Funnier memes,
fewer problems.
These habits follow the questions the guidance says courts ask about fair dealing. They do not guarantee a use is lawful, but they keep you closer to it.
Take only what the joke needs
The amount taken should be reasonable, appropriate and necessary. A small part is safer than the whole work.
Make something new
A use that simply replaces the original, or costs the owner sales, is unlikely to be fair.
Credit when you quote
For criticism, review or quotation, the exception requires a sufficient acknowledgement of the source.
Keep it truthful
Parody does not protect defamatory claims, and authors keep the right to object to derogatory treatment of their work.
TWO NUMBERS WORTH KNOWING
New exception,
long protection.
One date for the parody exception,
one figure for how long copyright lasts.
2014
Year the parody, caricature and pastiche exception began
The exception came in on 1 October 2014. Before that, using copyright material for parody needed the rights holder's permission.
THE LAW · GOV.UK
70 years
Copyright in artistic works lasts after the author's death
Written, dramatic, musical and artistic works are protected for 70 years after the author's death; films for 70 years after the death of the director, screenplay author and composer.
DURATION · GOV.UK
Copyright protection is automatic in the UK: you do not have to apply or pay a fee, there is no register of copyright works, and marking a work with © is optional.
A QUICK MEME CHECK
What are you
doing with it?
Pick a use to see what UK government guidance says. The bar shows how strongly the guidance points towards needing the owner's permission.
Based on Intellectual Property Office guidance on exceptions to copyright. Each case is decided on its facts; this is general information, not legal advice.
WHAT COUNTS AS FAIR
Fact, degree
and impression.
There is no legal definition of fair dealing. GOV.UK describes it as a matter of fact, degree and impression in each case, and the key question as how a fair-minded and honest person would have dealt with the work.
Courts look at whether the use affects the market for the original and whether the amount taken was reasonable and necessary. The Intellectual Property Office notes that most uses still need permission, and suggests legal advice if you are unsure.
In conversation
Questions people ask
Is it legal to make memes in the UK?
Some are. Since 1 October 2014, fair dealing for caricature, parody or pastiche does not infringe copyright. Guidance says only minor uses are permitted and each use must be fair and reasonable.
Do I need to register copyright for my own meme?
No. GOV.UK says copyright protection is automatic, with no application or fee, and there is no UK register of copyright works.
Can I use a news photo in a meme about current events?
The fair dealing exception for reporting current events covers any type of work except photographs, so a photo cannot be reproduced for that purpose.
Can a parody still get me into trouble?
Yes. The exception does not change the law of libel and slander, and it does not affect an author's right to object to derogatory treatment of their work.
How long does copyright last on a picture?
For artistic works in the UK it is 70 years after the author's death. GOV.UK notes that the length can depend on when the work was created.
Sources
Each figure on this page comes from the sources below.