Most memes are created by combining images with text, thereby creating entirely new meanings and contexts. They spread virally across the Internet and find many viewers because they have a high entertainment value due to their funny, ambiguous or even socially critical character. Memes are thus found on many social media, websites and blogs and are generally considered accepted.
However, like almost everything, memes can be considered legal and may infringe rights or violate policies.
The following legal categories can be used to categorize problematic memes that are not always liked by those affected, so deletion options are sought. ...
Recently, there were some decisions on prominent influencers on marketing via Insta, including the KG=OLG Berlin, LG Munich and LG Karlsruhe.
The case law is currently still forming on the labeling obligation of influencers; last year, it had to be assumed that any linking and tagging of products in the posting must be considered advertising and thus labeled solely due to the assumed sales-promoting effect, otherwise there was a threat of a warning for misleading by omission.
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Since the last decisions, this no longer applies; there is more differentiation and argumentation as to why a certain post is classified as advertising and then has to be labeled as advertising / advertisement. ...
