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March 28, 2025

Practice Work Shop (PWS) On ‘Do Memes Constitute An Inherent Violation Of Intellectual Property Rights?’

Featuring: Vanshika Gupta

During the last PWS session, Vanshika Gupta, Associate, led a discussion on “Do memes constitute an inherent violation of intellectual property rights?” The session began addressing the ongoing tension between intellectual property frameworks and the digital culture of memes. The session examined the nature of memes, whether they are inherently original and if they can be deemed to rely significantly on pre-existing copyrighted content. A key debate emerged on whether memes should qualify as transformative works, and whether there should be a clearer threshold to assess the value addition to the original content. The session also explored whether meme culture could curtail commercial opportunity of the original content creators. The session concluded with a consensus that while existing IP laws provide a framework for addressing meme-related disputes, the evolving nature of digital content and transformative use may necessitate clearer legal thresholds to balance the rights of original creators with the cultural significance and widespread dissemination of memes.

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