GIFs have become an integral part of the internet, with nearly 23 million GIFs posted on Tumblr every day. From blogs like Deadspin and SB Nation to meme fans, very few things can convey emotions like an animated GIF. Giphy, the most important GIF database and search engine on the web, offers more than 1 billion GIFs per day to more than 100 million daily active users. But when it comes to copyright protection, is it legal to use GIFs?The answer is not a simple yes or no.
It depends on the type of GIF you are using. If you are using a GIF that is a compilation of different scenes or has editing and special effects, then it may qualify as an original or transformative work and be protected by copyright law. On the other hand, if you are using a widely used GIF that is available on platforms such as Facebook or GIPHY, then it is likely not infringing any copyright laws. It is also important to note that corporate entities dealing with content creation and GIFs are raising millions of dollars to expand their businesses. Last year, the House Judiciary Committee released a list (or “gift item”) of President Obama's immigration policies, with GIFs from movies like Pitch Perfect and The Little Mermaid.
This shows that brands can use GIFs as part of their content strategy, but they should be aware of the potential copyright implications. GIFs are completely taken from an existing work, with a certain amount of editing in terms of adding subtitles, filters, etc., which could involve a certain amount of editing in terms of adding subtitles, filters, etc. The stance on whether GIFs are infringing works derived from the longer original versions of the fragments is still being reflected on. In conclusion, it is important for brands to be aware of the potential copyright implications when using GIFs as part of their content strategy. While some GIFs may qualify as original or transformative works and be protected by copyright law, it is best to stick to widely used GIFs that are available on platforms such as Facebook or GIPHY.
