‘Running Away Balloon’ artist sues AI Meme Generator over ad templates

A Filipino cartoonist has filed a lawsuit against the company behind AI ad generator Memes.ai, alleging that it sold access to his most famous comic works as an ad template. Elmer Saflor, also known as “Superelmer,” filed the suit complaint On July 1 in the Central District of California, Memes Apps allegedly offered “Running Away Balloon” — a two-part mixtape he recorded in 2024 — to paying subscribers.

in creativewhich was posted on Facebook in April 2017, shows a gray stick figure reaching for a balloon labeled “Opportunities,” obstructed by a pink letter labeled “Shame.”

Memes.ai markets itself to brands, agencies, and marketers, with plans ranging from $40 to $199 per month and quotas of up to 1,000 meme ads. Its site tells customers that the ads it generates are “intended for you to use in your business,” including paid ads, according to the complaint.

most Artist lawsuits against artificial intelligence companies They argue over whether or not business uptake of model training is fair use – a question that has been raised by AI stabilization and mid-flight litigation Since 2023. Submitting Savlore does not raise it. He demands regular reproduction and public display, claiming that the artwork exists in a library of models under his name, and can be searched by any subscriber.

The complaint relies on the company’s own marketing to argue that the infringement was intentional, noting that it urges clients to “fire your ad agency” — the agencies that license the content they use — while claiming copyright in its own website.

What’s at stake?

Saflor wants a permanent injunction, an accounting of profits and infringements, as well as statutory damages capped by copyright law at $150,000 per work for willful infringement — but his main goal is to push for discovery and raise “broader questions about how AI-powered platforms use creators’ works,” the artist said. Ars Technica.

Internet law scholar Eric Goldman told the technology publication that the ruling against Memes Apps could reach every meme creator. A federal appeals court ruled in 2024 that Steve King’s campaign violates “Success Kid” meme through its use in fundraising posts, Goldman ruled He reads Such as leaving the use of memes in advertising unprotected. In its lawsuit, Savlor is targeting the supplier and not the advertiser, which Goldman said could create “a whole host of other legal dilemmas.”