I think the main problem is not movie studios (where fair use is likely to apply as we're talking about a 10-second GIF out of a 1h+ movie) but all the meme creators on Reddit and other social networks. I assume those make up the majority of GIFs out there and as of now they aren't being compensated or even credited properly.
This is an unpopular opinion, but if the meme creator violated copyright when they made the meme, and they want credit for their “derived version” then they need a license.
I disagree that they violated copyright. If they're using a screenshot or a short clip from a movie that is definitely fair use. On the other hand, what Giphy is doing is copying the entire meme.
What? That's absolutely not guaranteed to be fair use. AFAIK there's no precedent for such things. And even if random people making memes is fair use, Giphy would still be violating the copyright of the original media by hosting nearly unedited clips for commercial reasons. The vast, vast, vast majority of memes are not transformative.
What would be the infringement? I would say any animated GIF (or whatever) should be defined as fair use across the board, since it's impossible to use it for anything other than criticism or comment. It's not exactly like Beastie Boys vs. Chambers Bros, but it rhymes with it.
