Communicating with Internet Memes as Language A Reconciliation with Copyright Assumptions

Abstract

Internet memes, a bourgeoning form of communication, resemble accessory elements of language. In contemporary participatory remix culture, user-creators are drawn to express their thoughts and emotions by collectively re-creating internet memes on a vast scale, driving them to become a popular and significant form of digital creativity. However, while copyright has long recognised communication as a core public interest and thus limits its scope of private property right on language, internet memes are conceptually complex. Their collective re-creative process relies heavily on copying underlying works, usually without asking for prior-permission from their rightsholders. Internet memes challenge core copyright assumptions on reasons of re-creation and modes of exploitation. Without a fundamental rethink of this mismatch, internet meme culture may be threatened, thus hindering communication and freedom of expression. Copyright reforms should find a balance between exclusive rights, access, and re-use. Going forward, copyright reforms should be holistic and distinguish between traditional and newer forms of re-creative processes, as seen in internet memes. While there are various approaches to copyright reforms, this thesis proposes that existing copyright can be flexibly interpreted to limit private property rights of underlying works and meme variations when they are used as internet memes, so as to facilitate their adaptation and support socio-cultural discourse. The aim is to allow internet memes to evolve into refined forms of communication with socio-cultural meaning and value-adding benefit.