The U.S. Court of Appeals for the Eighth Circuit affirmed a lower court’s decision last week to deny all attorney fees to both parties after a jury concluded that former Iowa Rep. Steven Arnold King’s campaign committee innocently infringed by posting a copyrighted meme, “Success Kid,” without permission.
The plaintiff, Laney Marie Griner, who owns the copyright to the meme’s template photo, filed suit for copyright infringement against King and his committee, King for Congress, after the committee posted the humorous online image asking for supporters to “FUND OUR MEMES!!!” In 2007, Griner took a photo of her 11-month-old son Sam on the beach. The image went viral and Griner registered the copyright in the “Success Kid” image in 2012.
