September 16, 2024
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Steve King, the former Iowa Republican Congressman, has reportedly lost his appeal attempting to overturn a copyright verdict for using the “Success Kid” meme in his 2020 campaign.
The “Success Kid meme” is the widely popular image of Sammy Griner as a toddler pumping his fist with a determined face. His mother, Laney Griner, successfully licensed the “Success Kid” picture to companies such as Coca-Cola and Microsoft, giving the meme commercial value.
In 2020, King included Success Kid in his campaign, without seeking or receiving permission for use. “Success Kid” images were used to solicit donations, prompting Laney Griner to commence a suit against King and his team for copyright infringement and invasion of privacy against Sammy. King and his campaign argued that using the meme fell under fair use since memes are meant to stimulate commentary and criticism – the pillars of fair use.
Unfortunately for King, the 8th U.S. Circuit Court of Appeals in St. Louis decisively sided with Griner and ruled that King’s use of the meme in his campaign was not fair use. The argument that memes are commonly used is not a valid defence, especially when these memes are used and distributed for non-commercial purposes.
King was reportedly ordered to pay $750 in damages for infringing copyright.
Authors: Josephine Hu and Kasia Donovan
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