On the use of memes, GIFs, etc.

byl5

New Member
Hey all, I'm new to this forum and relatively new to YouTube.

I am planning on making a video where I go over the top 20 biggest fails in a game that I play. It will be a voiceover where I show things like screenshots from the game and player reactions from Twitter, Discord, the game's forum that go along with what I'm saying. I was also planning on flashing reactionary memes such as certain Pepe emoji, troll faces, meme GIFs from Family Guy and the Simpsons, etc. on the screen to make it more entertaining, without directly referring to the memes at all in the voiceover. I was even considering adding the coffin meme.

I've done quite a bit of googling on the matter, and have gathered a LOT of conflicting information about the use of memes in videos. A lot of it seems to be on a case by case basis which is why I listed the specific memes that I'm thinking about using and exactly what kind of video they're going to be used in. But from what I understand in general, pretty much all memes are subject to some sort of copyright and it's sort of a "at your own risk" sort of situation if I use them. If I were to guess, Pepe, Family Guy and Simpsons memes have a relatively high chance me in trouble then? Realistically, what is the risk level, if any, of using any meme in YouTube videos in the way I intend to? I've already published a video or two (guides about something in the game) that included a Pepe emoji somewhere in them that have now been around for months, and I'm actually getting quite paranoid about this. Is it a matter of time before I get busted or, realistically, will nothing serious ever happen? My videos only get a few hundred views and aren't monetized.

I know the simple answer is don't use them, and if I was a good person I just wouldn't, but I really want some detailed clarification on this issue. I'd like to think I have a fairly good understanding about how copyright laws works for obvious things like music, images, and videos with regard to YouTube, but meme/GIFs have me confused.
 
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I know the simple answer is don't use them, ...

This.

You state that you “have a fairly good understanding about how copyright laws works for obvious things like music, images, and videos,” but it’s the exact same rules for meme/gifs. Legally, you would need the appropriate permissions from the people/ companies who took the original pictures, created the artwork, or own the licenses for the characters.

As you said, using them would certainly be “at your own risk” and, as your channel grows and more people watch your videos, the risk will only increase.
 
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