Are you allowed to share memes on social media?
I get it—memes are the internet’s currency, and your brand wants in. Whether it’s adding your logo onto the "Distracted Boyfriend" stock photo or riffing on a trending GIF, memes offer an effortless way to stay relevant, boost engagement, and give your law firm that coveted “approachable” vibe.
Memes may feel like public domain goldmines, but most of them are not free to use—at least, not commercially. If your firm is using memes for business purposes (whether in marketing, social media, or even client presentations), you could be violating copyright, trademark, or publicity rights.
So, is meme marketing legally risky? In a word: yes. But can you do it safely? Also yes—if you know what you’re doing.
Let’s break it all down.
Why Your Favourite Meme Might Get You Sued
Most memes are based on copyrighted images, videos, or artwork. That means their original creators—or whoever owns the rights—retain exclusive control over reproduction, adaptation, and distribution.
Examples of copyrighted content commonly turned into memes:
Photographs (e.g., Distracted Boyfriend, Success Kid)
Movie & TV stills (e.g., Shocked Pikachu, The Office’s Jim staring at the camera)
Artwork & illustrations (e.g., Doge, Pepe the Frog)
GIFs & video clips (e.g., Michael Scott’s "Nooo!", Leonardo DiCaprio’s toast from The Great Gatsby)
Just because something is viral doesn’t mean it’s free to use.
Take the "Success Kid" meme, for example. The adorable photo of a determined toddler clenching his fist? That’s the intellectual property of photographer Laney Griner. When a political campaign used the image without permission, she took legal action—successfully.
Then there’s "Distracted Boyfriend"—the stock photo so meme-able it became a genre of its own. Getty Images, the licensing overlord that owns the rights, has issued takedown notices to businesses using the image commercially without permission. And if you think a simple crop or filter will save you, think again—courts have ruled that altering an image doesn’t magically erase copyright infringement.
"But It’s Fair Use, Right?" (Spoiler: Probably Not)
Fair use is the legal doctrine that sometimes allows copyrighted material to be used without permission. But it’s not a free pass, and courts take it very seriously—especially when commercial use is involved.
There’s a four-factor test that determines whether fair use applies:
Purpose and Character of Use – Is it commercial? If yes, your fair use argument just took a nosedive.
Nature of the Copyrighted Work – Creative works (movies, artwork) get stronger protection than factual ones.
Amount and Substantiality – If you use the "heart" of the work (like a famous image), fair use is unlikely.
Market Impact – If your meme competes with the original work’s licensing opportunities, you’re in trouble.
Take Griner v. King for Congress (2024)—a political campaign tried to claim fair use for their meme-driven fundraising efforts. The court shut them down, ruling that adding text to an image doesn’t make it transformative if the essence of the original work remains intact.
In short: If your meme is generating revenue (or helping your business in any tangible way), fair use will be an uphill battle.
So, Can Businesses Use Memes Legally?
Before you abandon meme marketing entirely, here’s the good news: There are ways to do it safely.
Option 1: Create Your Own Memes
Original content is king. Brands like MoonPie and Denny’s have mastered the art of meme-making by using original imagery instead of repurposing copyrighted material. Sites like Unsplash, Pexels, and Openverse offer royalty-free images you can legally edit into memes.
Option 2: License the Content
Yes, meme licensing is a thing. Getty Images and Shutterstock now offer "meme licenses" for popular images like "Distracted Boyfriend." Some meme creators, like Laney Griner (Success Kid’s mom), also offer paid licensing for commercial use.
Option 3: Transform It (Legally)
Parody is one of the strongest fair use defences. But here’s the key: The meme must directly comment on or critique the original work. Simply slapping a joke on a stock photo doesn’t cut it. If your meme changes the original meaning entirely, you might have a case.
Option 4: Partner With the Creator
Some brands have collaborated with meme creators rather than risk infringement. For example, Warner Bros. and Universal jointly embraced the "Barbenheimer" meme phenomenon, licensing and monetising the trend rather than fighting it.
Final Verdict: Is Meme Marketing Worth the Risk?
Memes are a powerful engagement tool, but brands need to stop treating them like a legal free-for-all. If your firm wants to keep its integrity while still embracing meme culture, follow this simple rule:
If you don’t own it, license it.
If you can’t license it, transform it.
If you can’t transform it, don’t use it.
Businesses (even law firms) don’t get the same legal leeway as individuals online. Treat memes like any other intellectual property—because that’s exactly what they are.
