Representative Steve King (R-Iowa) wanted supporters to fund his memes—but he may end up paying for them instead. On Monday, King and his campaign for reelection to the House of Representatives received a cease-and-desist letter from the attorneys of Laney Griner, the mother of 2011’s most ubiquitous meme, Success Kid: a baseball-shirted cherub clasping a fistful of sand with a look of utter triumph. King’s campaign had used the famous image of Griner’s son for an ad, emblazoning it with the phrase “FUND OUR MEMES!!!” and superimposing the baby over an image of the US Capitol. As soon as she found out, Griner made it clear she would not stand for it.
She may not have to. Even though the point of a meme is that it gets reused and remixed and reappropriated, and Success Kid in particular has been memed across the world for almost a decade, Griner could have the law on her side. “The question everyone is going to be asking is, can you copyright a meme? But that’s not the right question to ask,” says Derigan Silver, who researches internet law at the University of Denver. “[King] is using the original picture of this kid, which is clearly copyrightable.” To that end, Griner does, in fact, hold the copyright, and she wouldn’t be the first person to try to enforce their copyright of an image-turned-meme. Matt Furie, the artist behind the infamous Pepe the Frog meme, has taken around 75 people and entities to task (or court) for reproducing Pepe’s image without his permission.
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