Artist sues Memes Apps over AI meme template used for ads

In short: Artist Elmer Saflor filed a copyright lawsuit saying Memes Apps sold access to an ad tool that copies his viral comic as a meme template without permission.

What happened

Elmer Saflor, a Philippine artist who posts online as “Superelmer,” filed a lawsuit against Memes Apps, LLC. The company runs Memes.ai and Memes AI Studio, which it markets as tools to help make ads using memes.

Saflor says the platforms offer his “Running Away Balloon” comic as a ready-to-use template and that paying users can generate copies of the comic as part of ad creation. The lawsuit argues this breaks copyright law, which protects original creative work from being copied and sold without the creator’s consent.

Saflor told Ars Technica he did not contact Memes Apps before suing. He also said he has not personally seen his comic used in a finished ad. He filed the case to get access to evidence through the legal process, like asking for records that show whether and how often the template was used.

Internet law professor Eric Goldman told Ars Technica that Saflor may have a stronger argument if the tool outputs exact copies of the original comic, rather than something loosely inspired by it. Goldman pointed to a 2024 ruling involving the “SuccessKid” meme, where a court found that using a meme in a campaign ad without permission was not protected as fair use.

Why it matters

Many people treat memes like free building blocks, like shared stickers you can paste anywhere. This case draws a line between people remixing a meme for fun and a company selling a subscription that helps brands make ads from someone else’s artwork. A court decision could affect how meme and ad tools handle permissions and payments to creators.

Source: Arstechnica