So, where does that leave the meme-makers who made their meme without express permission to do so from the copyright owner or an exclusive licensee? We can only speak to Canadian laws and consider what legal defences such meme-makers in Canada, were they to receive a cease and desist letter from the rightsholder, who has the authority to enforce the copyright in the image, to stop using the copyright protected image of Senator Sanders, may have 1.
However, we have assumed that most of the Senator Sanders and his marvelous mittens memes circulating were made without permission from either Mr.
#BERNIE MEME CREATOR LICENSE#
Smialowski/AFP and Getty Images, and as a result of that contractual relationship, anyone could license the image from Getty Images either under a rights-managed/rights-ready license (a limited license for a specific use) or a royalty-free rights license agreement (which allows the user to use the image as many times/where/when/how as they want without payment of royalties subject to the terms of the content license agreement). Presumably there is an agency agreement between Mr. By using the Senator Sanders Inauguration image, many people have joined in the fun, turning Senator Sanders into a viral meme given people chuckles for days (and these days we need all the chuckles we can get).Īs it turns out, Getty Images licenses this photograph to anyone who wants to pay to use it. He was merely capturing moments of this special day as seen by him through the lens of his camera. The photographer who captured this image, Brendan Smialowski, a photojournalist for Agence France-Presse (“AFP”), did not set out to be famous with this photograph.
#BERNIE MEME CREATOR TV#
This image of Senator Sanders was so well-loved that he visited the globe, the Moon and Tatooine, travelled back in time then back to the future, joined the cast of movies and TV shows, hung out in people’s homes, went to sporting events, and was spotted in contexts too innumerable to mention without ever having left the Inauguration.
There, Senator Sanders was unknowingly photographed wearing a winter coat, sitting on a folding chair socially-distanced from the other attendees, with his right leg crossed over left and his hands mirroring the same position adorned in bespoke, now famous, handknit mittens.
Presidential Inauguration on Janufor President Joe Biden and Vice-President Kamala Harris. If you live on Planet Earth and own a smartphone, computer or TV, you have probably already seen the viral meme of Senator Bernie Sanders birthed at the historic 46 th U.S.
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