2018-01-24 - Grumpy Cat wins $710,001 in copyright lawsuit - 'memes have rights too' - or - Stop putting CWC on Chinese bootleg Sonichu toys. You'll get sued.

https://www.thewrap.com/grumpy-cat-wins-710001-in-copyright-lawsuit-memes-have-rights-too/
GrumpyCat.jpg


"Grumpy Cat has a lot of reasons to be less grumpy this week — 710,001
reasons to be exact.

The Grumpy Cat Limited company was awarded $710,001 in damages on Monday
when a California jury decided that the beverage company Grenade was
guilty of infringing on its copyright and trademark.

“I think, first of all, that it’s a just verdict. The jury followed the
law and facts and reached a verdict that was justified based on the law
and the facts,” David Jonelis of Lavely & Singer, Grumpy Cat’s lawyer,
told TheWrap. “It’s nice that my client’s rights were vindicated on
this. It was a hard fought battle.”

Grumpy Cat Limited, formed by Tabatha Bundesen to monetize the viral
fame of her sour-faced cat (real name, Tardar Sauce), sued Grenade in
2015, claiming the company used the cat’s image on several of its
products, despite only having the rights to sell a line of iced coffees
called “Grumpy Cat Grumppuccino.”

The Grumpy Cat image appeared on Grenade’s roasted coffee line and
tee-shirts, neither of which were part of the original deal.

Grenade filed its own countersuit, claiming Grumpy Cat didn’t hold up
its end of the bargain and failed to promote the brand as outlined under
the terms of the deal. However, the jury wasn’t moved by its argument
and ultimately decided in favor of the meme.

“It’s important precedent when you have something like a meme online,”
Jonelis said. “It’s the first verdict ever rendered in favor of a viral
meme. Memes have rights too.”"
 
And in some cases, mix the two together.

Still, why though? It's a meme. Copyrights should mean nothing to memes.

Because a company signed a contract with her then broke the deal. Just because it's a meme doesn't mean you get to steal people's property and make hundreds of thousands of dollars out of it.
 
You can't just, own a meme, man.
I hate to :autism: here but I can safely say that you can. Trollface is a big fucking mess of one, the guy who made it brought down one of the weirdest games on the Wii U all because of advertisements on it using that (which that company in itself is lolcow worthy in my honest opinion, then again, haven't heard from them.) Trollface is a copyrighted meme, only because of one thing: People were making money off of his creation. Copyright laws in some places are very strict and some are outright blunt about it. "If it's original and you created it, you own it."
 
While grumpy cat is a shitty focus group tested meme that people need to stop using, placing a copyright on memes is exceptional

So if you come up with something and someone just steals it and makes a bunch of money, you'll just accept "it's just a meme bro" as their excuse for stealing your money?

Luckily, juries don't take that excuse.
 
This is literally as basic a contract dispute as you can get. They contracted the likeness of the cat, which is a real physical creature with a owner, for a drink, and then used the likeness on other products outside the scope of the contract.

Open and fucking shut, and screaming "MAH MEMES" isn't going to do anything because this is happening in big boy adult land.
 
Plus, they weren't just using it as a meme -- they were making money off of it. Big difference. I'm guessing Grumpy Cat macros would fall under fair use, but selling t-shirts with Grumpy Cat would be a big no-no.
 
Plus, they weren't just using it as a meme -- they were making money off of it. Big difference. I'm guessing Grumpy Cat macros would fall under fair use, but selling t-shirts with Grumpy Cat would be a big no-no.
Not only that but reading into it more, they were explicitly told it was to sell one type of drink there and to use the likeness. It's not that hard to follow.
 
Memes were never meant to be taken seriously. Their main purpose is to provide a cheap chuckle and to break up the monotony of drama, selfies, and advertisements for things you googled earlier that day, as you're scrolling through Facebook.
 
Memes were never meant to be taken seriously. Their main purpose is to provide a cheap chuckle and to break up the monotony of drama, selfies, and advertisements for things you googled earlier that day, as you're scrolling through Facebook.

"It's just a meme bro" doesn't mean you get to make a contract with someone, say "we're just using it for this one product," then give you practically nothing for what you just created, then steal millions of dollars from you and claim they don't have to share any of the money.
 
When it comes to making money, the winner is usually whoever copyrights the idea first.
 
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