[baddox]

What does it mean that "memes are not public domain?" Of course that's the case if the image used in the meme is copyrighted, but does it go beyond that? Can the "pattern" or "recipe" for a meme be copyrighted? For example, would copyright protect the very idea of placing text describing an awkward social encounter on an image of a penguin?

[thebigredjay]

Ideally that could be classified as a derivative work, which one could argue is fair use. But, that argument will happen in a court after you have been sued. The "Kind of Bloop" affair should give you an example of what I'm talking about: http://waxy.org/2011/06/kind_of_screwed/

Honestly though this is just couch-analytics from me. I'm not sure how copyright applies to meme pictures and am fascinated by related court cases. Anyone else have interesting meme/copyright-related court case suggestions?

[xsmasher]

A different penguin on a different colored background might still be a trademark violation, based on trade dress or being confusingly similar.