Quoting, memes and fan art: Copyright online

In short: You may use others’ works only with permission or within statutory exceptions; quotation, parody and pastiche are allowed if certain conditions are met.

In more detail: Images, texts, music, videos and games are protected by copyright as soon as they come into being (no registration needed). Whoever publishes them without permission risks warning letters, injunctions and damages. This is general information and not legal advice; laws change and individual cases can differ. For concrete problems counselling (consumer advice, lawyer, data protection authority) helps.

In Depth

Basic rules

You may use others’ works with a licence/permission (for example Creative Commons, stock-photo licence), under statutory limitations or if the work is in the public domain (author died more than 70 years ago). Screenshots, memes with others’ images, logos, music in videos are also uses for which you need rights. A credit does not replace permission.

Quotation

A quotation (§ 51 UrhG) is allowed if it serves a quotation purpose: you engage with the work (evidence, criticism, analysis), take only the necessary extent, name the source and the quotation is accessory to your own work, not its main content. A whole photo “as a quote” without reference does not count.

Parody, caricature, pastiche (memes, remixes, fan art)

Since the 2021 copyright reform § 51a UrhG permits use for the purpose of caricature, parody and pastiche (stylistic imitation, mashup, remix, fan fiction/fan art). Requirement: an artistic/humorous reference, no mere copy, reasonable extent, and the use must not unreasonably impair the authors’ interests. Memes can fall under this but are a case-by-case matter: simply placing text on someone else’s photo can be critical. Fan art with your own drawings is mostly tolerable, selling (posters, merch) often needs the rights holders’ permission, and brands/characters are readily pursued.

Practically

• Use your own content or free sources (Unsplash, Pixabay, Wikimedia Commons – check the licence).
• Observe Creative Commons conditions (attribution, non-commercial).
• Platforms (YouTube, Instagram) have their own rules and filters (Content ID, upload filters).
• On a warning letter: do not sign hastily, check the deadline, get advice (consumer advice, lawyer); remove the image.
• AI-generated content: mind rights and training data.
• Minors are liable according to their capacity for insight; parents can be affected.

See also: Copyright, Creative Commons and image rights, Warning letters online, File sharing