Meme generator may have screwed up by using templates in outputs, expert says.
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.
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.
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.”
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.
Saflor uses AI tools and does not believe that AI itself is the problem. Goldman pointed out that his arguments against Memes Apps would be largely the same even without the AI aspect. But Saflor considers Memes Apps’ platforms to be examples of irresponsible AI products, where the operators problematically advertise that you can “fire your ad agency” and replace all creative work with a meme generator.
“My goal is simply to protect creators when their work is allegedly commercialized without permission,” Saflor told Ars. “I hope this case helps start a broader conversation about respecting artists’ rights as AI-powered platforms become a bigger part of Internet culture.”
