Success Kid Copyright Lawsuit Against Former Rep Steve King Going To Trial In November

A copyright lawsuit aimed at former Republican Iowa Representative Steve King is going to trial in November after King used the viral Success Kid meme to fundraise online without permission.

Back in January 2020, King used the image of Success Kid (depicting a young Sam Griner) clenching a fistful of sand on the beach in a post asking for donations to "make sure the memes keep flowing and the Lefties stay triggered." In the meme, Griner was superimposed over an image of the U.S. Capitol building.

The meme caught the attention of Laney Griner, Sam's mother and the copyright holder of the Success Kid photo, who told Know Your Meme in our interview last year that she "snapped a quick photo" of her son back in 2007 before it went viral.

Griner denounced King's use of the meme on Twitter not long after and her attorney sent a cease and desist notice to King, who took the post down. That December, Griner then filed a lawsuit against King, which is now set to go to trial in November.

Just so it’s clear – I have/would never give permission for use of my son’s photo to promote any agenda of this vile man or that disgusting party. https://t.co/AVdl9dxXCs

— Laney Griner (@laneymg) January 23, 2020

Laney's complaint claims that she and Sam were "horrified" by King's use of the meme, whose beliefs they reportedly find "abhorrent." King has come under fire numerous times over the years for his controversial comments on topics like abortion and white supremacy, which have earned him a following in far-right circles.

In his decision to move the lawsuit forward to a jury trial, U.S. District Judge C.J. Williams purportedly stated that since the image is edited, it may not be "substantially similar" enough to be considered a breach of copyright, however, it's a "very close call," leaving it up to a jury to decide.

Success Kid became a meme back in 2008 after the photo of Sam Griner holding a fistful of sand and making a stern face, captured by his mom, went viral online. The meme became one of the most well-known Advice Animals on the web and was even used in a series of advertisements by Virgin Media in 2012 with Griner's permission.

King has routinely denied any wrongdoing in posting the meme, calling the case a "petty and politically motivated case of litigation persecution" and purportedly claiming he himself did not make or post the meme to Facebook.