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Yeah basically a lot of MEMEs started out by finding some random image on the Internet and adding a background to it and then placing words over it.

I suppose the Penguin image was one of Getty's stock photos and someone copied it and added the background to it and called is Socially Awkward Penguin. Then Getty started to demand payment for a license fee for it when others used it on their websites.

It is just like on Youtube when someone took that footage of the movie "Downfall" about Hitler and took his rant and added captions to it. There was a Hitler video generator to add your own captions, but since the footage is from a commercial movie it got DMCA takedown requests or the company that owns the movie would get advertising credits for your video and you'd get none.

Copyright laws are crazy when they don't allow fair use for a parody or whatever.

It seems like there should be a no fault period where you can remove the image at no cost if it's as wide spread as this and the true origin is difficult to discern.

Also gag orders in general should be unenforceable.