Skip to main content

News story

May 14, 2019

Copyright in a digital age

Though the concept of intellectual property has been around since the early 18th century, current copyright laws are struggling to catch up with digital. So, with the EU rolling out legislation that could affect how we use everything from memes to emojis, how – asks Evangelos Kyveris – can you make sure you’re using online content correctly and protecting your innovations?

Copyright is a form of intellectual property (IP) that protects the use of an original and tangible work. This means that ideas must take a physical form (such as a painting or a recorded song) before they can be copyrighted. Copyright generally covers literary, dramatic, musical or artistic works (including images and photographs) and things like sound recordings, films and broadcasts.

It’s also become an increasingly inextricable part of our day-to-day life online, resulting in the need for a shift in the IP landscape.

Let’s talk about memes

Whether we use them to express how we feel or simply to illustrate a point, creative digital assets like memes, GIFs and emojis have become a language in their own right. Given that they’re so prevalent, you might wonder how they could possibly be subjected to copyright law. However, under the approved wording of Article 13 of the EU’s Directive on Copyright in the Digital Single Market, a ‘meme ban’ could be in the offing.

Article 13, as it stands, will force internet platforms such as Facebook, YouTube and Twitter (amongst others) to install ‘appropriate and proportionate content-recognition technologies’ to screen and block user-generated content which is flagged as subject to copyright. If kept in place, the new directive will effectively ban the existing process of creating and uploading memes, which is driven by the ability to edit a pre-existing image.

And emojis?

Though the abstract ideas and emotions behind them – like ‘happy’ and ‘sad’ – can’t be copyrighted, emojis themselves are considered ‘pictorial, graphic and sculptural works’ and, consequently, qualify for protection. In fact, many companies have been granted copyright for their unique versions of emojis, with some, such as Google and Twitter, opting to license them openly.

Though the effects of the EU’s directive haven’t been felt, being aware of the current online copyright legislation will keep you out of hot water – and protect your digital assets. Be careful not to upload content which infringes upon an existing copyright without the permission of the person who created it.

If you create and provide original content yourself, make sure you take proactive steps so that it can’t be appropriated, such as:

  • Putting in place website terms of use that prohibit the unauthorised copying of your content;
  • Placing a copyright notice or obliterating mark over your material to make it unusable by another party; and
  • Tiling or layering the underlying HTML code – and disabling right-clicks on images;

If you do discover an online infringement, you can take the following steps – though it’s always wise to seek legal advice at the same time:

  • Contact the person responsible and ask that your material is immediately removed;
  • If you can’t reach them, make a complaint to the website operator or the Internet Service Provider (ISP) hosting the site;
  • If all informal contact fails, send the ISP a formal notice of infringement requesting the ISP block access to the website in question; and
  • Should the ISP fail to do so, seek an injunction.

The key takeaway is that by getting up to speed on current copyright law and reviewing how you handle your and others’ creative content, you’ll be better prepared to adapt to any changes in the law if – or when – they come into effect.

In short

Copyright is a form of IP that protects the use of original creative work in physical form.

Proposed changes to copyright law under Article 13 of the EU’s Directive on Copyright in the Digital Single Market could also see digital assets like emojis and memes being made subject to copyright.

Take care to refresh your knowledge of current copyright legislation around online content – remaining protected yourself.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • When charity shouldn’t begin at home
    The downfall of the Captain Tom Foundation is a cautionary tale of what happens when a charity gets too close to home — highlighting the complexities of charity governance and accountability in the sector. The foundation, created to continue the fu


    Read more
  • Six tips to make things simple for your executors
    An executor is legally responsible for carrying out the instructions set out in a will.


    Read more
  • Staying ahead in a changing legal landscape
    Regularly reviewing employment contracts and policies is essential for legal compliance and risk mitigation. Stay updated on legislative changes, workplace trends, and best practices to protect your business and employees.


    Read more
  • RIAA Barker Gillette (UK) acts for Alexander Nix in Commercial Litigation
    Press Release


    Read more
  • New sexual harassment rules may signal changes to office parties or a decline altogether
    Tomorrow is expected to be one of the busiest nights for office Christmas parties this year. While these celebrations are a staple of the festive season, offering a chance for colleagues to unwind and bond, they also bring unique challenges for emplo


    Read more

What they say...

  • Mikaela, February 2025
    “Martin was brilliant – so professional and personable. He clearly has a lot of expertise, and we always felt were in safe hands. He’s always available to speak on the phone, and is incredibly patient and reassuring. He worked effic

  • Bibiana Farenzena, February 2025
    “Victoria Holland and Evangelos Kyveris I want to thank you for your involvement and efforts on this case. You have been immensely helpful, and I appreciate all your knowledge and advice regarding this matter.”

  • Dabid Shaw, February 2025
    “Excellent , personalised one to one client care. Options laid out in a comprehensible manner. Fees appropriate for service provided.” Herman Cheung

  • Michael, February 2025
    “Martin was great to work with, despite a very difficult first buyer, second time round was the charm! Thanks to Sharon too.”

  • Annette, February 2025
    “We contacted RIAA Barker Gillette to get our wills arranged. Herman was professional & helpful with all aspects of the process. He explained everything clearly, notified in writing everything we discussed & answered the many questions

Read more
Send this to a friend