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

  • Converting commercial property into homes: what the latest planning changes mean
    Converting offices and other commercial buildings into homes can create opportunities, but planning rules are only part of the picture. We explain the latest changes and the legal issues property owners, developers and buyers should consider before p


    Read more
  • Closing the AI skills gap
    Learn how SMEs can close the AI skills gap through practical staff training, checking AI outputs, protecting sensitive data and setting clear policies.


    Read more
  • What’s in a letter: Why one small change can spell big trouble for your brand
    Can changing one letter really protect your business name? Peter Moody examines recent trade mark disputes involving FLOWERBX and Vogue, and what businesses can learn about protecting their brands.


    Read more
  • Service charge disputes in mixed-use properties: who is responsible for what?
    Service charges in mixed-use properties can lead to disagreements between landlords, residential leaseholders and commercial tenants. We explore their legal rights, a recent Court of Appeal decision and how disputes can be resolved.


    Read more
  • The do’s and don’ts of using AI in your business
    AI can help businesses improve efficiency and make informed decisions, but it also comes with risks. Explore the key do’s and don’ts of using AI responsibly, including data protection, legal considerations and the importance of human oversight.


    Read more

What they say...

  • Rahul Khanna, October 2026
    Thank you – excellent service “Thank you so much to Qaiser, Vinay and Alex, who were extremely helpful throughout a long-running and complex matter. I really appreciated their clear advice and support.”

  • Client, October 2026
    Feedback “I engaged Karen Cole at RIAA Barker Gillette to support me through a grievance process and help me navigate discussions with my employer. From the outset, Karen provided clear, pragmatic advice and took the time to explain my options,

  • Bryan E, September 2026
    Absolutely outstanding “This firm is super professional, efficient and friendly at the same time. You could not wish for a better service. I have used them for my Will and a range of other matters over many years. I’ve found all the vario

  • Jan Norris, September 2026
    Excellent Service “Charlotte Barbaroussis has prepared our wills, LPAs and a discretionary trust. She was professional, kind and patient throughout. A very fine person to have looking after us.”

  • Brian Nunan, August 2026
    “I dealt with the group for many years, and no matter which solicitor I used, the results were always the same. Excellent!”

Read more
Send this to a friend