The U.S. Supreme Court has declined to hear an appeal from former Iowa congressman Steve King, leaving a $750 judgment in place for his unauthorised use of the iconic “Success Kid” meme during his 2020 reelection campaign.
Copyright Controversy over Viral Meme
The 2007 photo, which features an 11-month-old Sammy Griner clenching a fistful of sand on a beach, has become a global symbol of triumph and positivity.
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Sammy’s mother, Laney Griner, owns the copyright to the image and has licensed it to major companies, including Coca-Cola and Microsoft. In 2020, Griner sued King for copyright infringement after his campaign used the meme without permission to solicit donations.
Court’s Decision and Appeal Rejection
A jury ruled in favor of Griner, awarding her $750 in damages. The verdict was upheld in 2024 by the 8th U.S. Circuit Court of Appeals. King’s argument that he held an “implied license” to use the image was rejected.
Judge Duane Benton noted that the widespread use of memes does not justify copyright violations, stating, “The fact that ‘everyone else is doing it’ is not a particularly compelling justification.”
King’s appeal to the Supreme Court argued that Laney Griner’s encouragement of meme creation limited her ability to enforce copyright claims. However, the justices declined to review the case, effectively upholding the lower court’s ruling.
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A Career Marked by Controversy
King, a Republican known for inflammatory comments on immigration and race, lost his congressional seat in a 2020 primary election after the House stripped him of committee assignments for remarks questioning why “white supremacy” is offensive.
The decision underscores the importance of respecting copyright laws, even in the meme era, and highlights how political campaigns are held accountable for unauthorized content use.