Summary
- Elmer Saflor, a Filipino artist, has initiated a lawsuit against Memes Apps, the operator of Memes.ai, claiming the unauthorized sale of his comic as an advertising template.
- The lawsuit alleges direct, contributory, and vicarious infringement, requesting an injunction and profits from the platform.
- In contrast to previous cases involving AI models, this complaint does not focus on the training methodologies used.
Elmer Saflor, known as "Superelmer," has filed a lawsuit against the firm behind the AI advertising generator Memes.ai, asserting that it sold his well-known comic as a template for advertisements. The complaint was filed on July 1 in California's Central District, alleging that Memes Apps provided access to "Running Away Balloon"—a two-panel comic that he registered in 2024—to its subscribers.
The original comic, shared on Facebook in April 2017, depicts a grey stick figure trying to grab a balloon labeled "opportunities," which is being held back by a pink character labeled "shyness."
“Running Away Balloon” comic. Image: Elmer SaflorMemes.ai targets brands, agencies, and marketers, offering subscription plans ranging from $40 to $199 monthly, allowing the creation of up to 1,000 meme ads. According to the complaint, the platform informs its users that the generated ads are free for business use, including in paid promotions.
Most lawsuits from artists against AI companies center around the fairness of using their works for training models—a legal issue that has been explored in the ongoing Stability AI and Midjourney cases since 2023. However, Saflor's lawsuit does not address this aspect. Instead, he claims ordinary reproduction and public display, stating that his artwork was included in the template library under its own name, making it easily searchable for subscribers.
The complaint emphasizes the company's marketing claims to argue that the infringement was intentional, highlighting its encouragement for clients to "fire your ad agency"—a practice typically involving licensing content—while asserting copyright on its website.
Implications of the Lawsuit
Saflor is seeking a permanent injunction, profit accounting, disgorgement, and statutory damages capped at $150,000 per work for willful infringement under the Copyright Act. However, his primary aim is to advocate for discovery and raise significant issues regarding the utilization of creators' works by AI-driven platforms, as he shared with Ars Technica.
Eric Goldman, an expert in internet law, mentioned that a ruling unfavorable to Memes Apps could set a precedent affecting all meme generators. A federal appeals court previously ruled in 2024 that Steve King's campaign infringed upon the "Success Kid" meme by utilizing it in fundraising posts, a decision that Goldman interpreted as limiting meme usage in advertisements. In this lawsuit, Saflor is targeting the supplier rather than the advertiser, which Goldman indicated could lead to numerous legal complications.