Artist sues AI meme generator for selling deeply personal comic as ad template - Ars Technica
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Artist Elmer Saflor, who goes by the online handle “Superelmer,” loves that millions of people have shared his “Running Away Balloon” comic since it became a popular meme in 2017.
However, just because lots of people have copied it, that doesn’t mean it’s OK for an AI meme generator to commercialize his copyrighted meme as a template for who knows how many ads, he told Ars. That’s why he’s fighting to stop one of the biggest meme generators currently leveraging AI to rapidly scale the allegedly illegal use.
“Running Away Balloon” comic by Elmer Saflor, aka “Superelmer.”
via Saflor / Superelmer
“Running Away Balloon” comic by Elmer Saflor, aka “Superelmer.”
via Saflor / Superelmer
Elmer Saflor, the original artist who made the “Running Away Balloon” comic.
via Saflor
Elmer Saflor, the original artist who made the “Running Away Balloon” comic.
via Saflor
“Running Away Balloon” comic by Elmer Saflor, aka “Superelmer.”
via Saflor / Superelmer
Elmer Saflor, the original artist who made the “Running Away Balloon” comic.
via Saflor
In a lawsuit filed earlier this month, Saflor, a digital creator and artist in the Philippines, alleged that Memes Apps, LCC—which operates the content creation platforms Memes.ai and Memes AI Studio—violated copyright law by selling paid subscriptions to an ad generator that spits out copies of his comic without permission.
Saflor told Ars that he did not contact Memes Apps ahead of filing his suit, and he has not seen any examples of his meme used in ads generated by the platforms. However, he filed the lawsuit to compel discovery, while raising “broader questions about how AI-powered platforms use creators’ work, what licensing obligations they may have, and how copyright law applies when viral Internet culture becomes a commercial product,” he told Ars.
Entire meme ecosystem may be impacted
It’s unclear what defense Memes App may raise, but Internet law expert Eric Goldman told Ars that there’s precedent to support Saflor’s arguments that his rights have been infringed.
In a 2024 case involving the “SuccessKid” meme, a court ruled that the particular meme could not be used in a campaign ad without permission. At the time, Goldman blogged that the ruling implied that “meme usage for noncommercial purposes is likely fair use, while meme usage in ads isn’t.”
Goldman told Ars that Saflor has started his case off “on the right foot,” telling “the right story for the judge” in the complaint.
However, it’s gutsy to go after the meme generator, rather than advertisers allegedly infringing, and that strategy could create “a whole host of other legal dilemmas” for the court to weigh, Goldman told Ars.
By taking on the meme generator, Saflor may hit a wall if the court finds that his arguments apply to any meme generator and a finding in his favor could risk undercutting the entire meme ecosystem, Goldman said.
“In those circumstances, there’s some good reasons for the court to check more cautiously,” Goldman suggested, perhaps making a win harder for Saflor.
However, “the packaged deal” that Memes Apps is trying to sell to third-party advertisers—offering access to template memes for subscription tiers set at $40 or $199 monthly—could doom the meme generator’s defense. Unless, Goldman suggested, Memes Apps can prove that the deal is a common model in the meme generator industry.
Another hurdle for Saflor could be proving harm, particularly if it turns out that no advertisers used his comic to produce ads.
Ars could not immediately reach Memes Apps for comment and could not confirm if Saflor’s meme template was widely used by its subscribers or ever used in an ad.
Although Goldman wondered who the consumer is that’s relying on bulk AI outputs from meme generators to make ads, Saflor’s complaint cited Memes Apps’ public portfolio to suggest the service is quite popular. Seemingly, the platform works with more than 40 brands that generate up to 1,000 ads monthly to more than 75 million social media followers. Saflor’s alleged that he’s likely already suffered “substantial economic damage” from the unfair use of his meme.
Saflor is hoping the court will order Memes Apps to stop using his comic as a template. He always wants a complete account of the number of ads using his comic in order to reclaim all ill-gotten profits.
Goldman suggested that in a win, the payout may be challenging to calculate since the subscriptions make it hard to...