The 8th U.S. Circuit Court of Appeals in St. Louis recently upheld a jury’s copyright judgment against former Iowa Republican Congressman Steve King. And why? Over a meme! The lawsuit states the unauthorized use of the “Success Kid” meme for King’s election campaign. So, the campaign is now obligated to pay $750 to Laney Griner, the mother of Sammy Griner, better known as the toddler featured in the famous meme.
The case centers around a photo Laney Griner took in 2007 of her then-11-month-old son Sammy. You all know the image: the adorable toddler with a fist pump and a determined face, a gesture quickly becoming iconic on the internet. Griner has successfully licensed the image to major companies such as Coca-Cola and Microsoft for use in their advertisements.
However, Steve King, a U.S. congressman until losing his primary race in 2020, used the “Success Kid” photo in his campaign materials that year. The image appeared in social media posts soliciting donations with the message, “Make sure the memes keep flowing and the Lefties stay triggered,” as Reuters reports.
Laney Griner filed a lawsuit against King’s campaign later in 2020, leading to an Iowa jury’s decision that the campaign had infringed on her copyright. The campaign was ordered to pay $750 in damages. In its defense, the campaign argued that their use of the meme fell under “fair use” and that they had an implied license to use the picture. They also dismissed the lawsuit as a “publicity stunt.”
“Memes are generally purpose-built for commentary and criticism, two well-known bedrocks of fair use,” King’s campaign had reportedly argued. Despite these arguments, the three-judge panel of the 8th Circuit Court ruled decisively in Griner’s favor. U.S. Circuit Judge Duane Benton emphasized that the frequency of meme use does not constitute a valid defense, particularly when used commercially. “The fact that ‘everyone else is doing it’ is not a particularly compelling justification,” Benton said, “especially considering the vast majority of these uses are non-commercial.”
Attorneys for both King’s campaign and Griner have not yet responded to Reuters’ requests for comment on the court’s decision. But yeah, the argument “everyone’s doing it” definitely sounds like me convincing my mom I should stay out late when I was 13, not like something an adult would say in court.
[via PetaPixel; image credits: Gage Skidmore via Flickr]
