[wiradikusuma]

While in this topic, does anyone know if memes can be legally used in printed/ebooks for free? Heck I don't even mind paying (reasonable fee), but I can't seem to find a "Fonts.com" for memes.

Edit: Thanks for the replies, but as I expected the answer is "it depends", so I guess I'll sparingly use it and see how it goes. In case anyone interested, the book is about building mobile apps, https://opinionatedlaunch.com/ (work in progress)

[Freak_NL]

It depends.

Memes are not some special class of imagery; if the image used along with whatever text slapped onto it was specifically created as shareable art, then you are 'merely' in a legal gray zone unless the author provides an explicit licence statement (e.g., placing it in the public domain, or under some Creative Commons licence).

If it is the type of meme where a photo is reused, than chances are pretty high that that photo is (of) a copyrighted work, and the meme thus a derivative work. The same rules for any other type of photo apply: figure out if what you are doing is fair use, or needs attribution, or needs a licence agreement with the rights holder(s).

You may also need to look out for relevant laws beyond copyright; like the person in the photo suffering as a consequence of it being reposted (as nauseam) on the internet suing under whatever law is applicable. Johnny Memeposter on Facebook won't be sued, but your publisher might.

Also repeat the above for all relevant jurisdictions.

[eimrine]

If there is no meme about forbidden memes than this has to be legal. Yellow Smile the first meme was not patented because its creator did not considered how popular it becomes. I think every super popular meme has its similar story.

[slimsag]

Huh? Patents have nothing to do with it, unless you were granted a license to use it then it is copyright infringement by definition. Whether they sue you over it is a different matter.

[tinus_hn]

There is such a thing as a design patent that could cover something like the smiley.

[slimsag]

> design patents do not protect pictures, images, graphic designs, patterns or any other 2-dimensional visual imagery in the abstract. A patented design must be tied to an article of manufacture. In fact, the patent examination manual known as the MPEP requires that each design patent application specify the article of manufacture in the title and claim.

[anigbrowl]

It's usually called 'smiley face' in English.