Digital artist Elmer Saflor, known as Superelmer, has sued Memes Apps, LLC—operator of Memes.ai and Memes AI Studio—for allegedly commercializing his copyrighted "Running Away Balloon" comic as an ad template without permission. The two-panel comic, which went viral as a meme in 2017, depicts a man chasing a balloon labeled "opportunities" while a pink blob labeled "shyness" holds him back. Saflor, based in the Philippines, filed suit this month to compel discovery and stop the platform's paid subscription tiers—$40 or $199 monthly—from using his work.

Internet law expert Eric Goldman notes precedent from a 2024 "Success Kid" case ruling that meme usage in ads likely isn't fair use. However, Goldman warns that targeting the generator rather than advertisers could create "a whole host of other legal dilemmas" and risk undercutting the entire meme ecosystem. Memes Apps reportedly works with 40+ brands generating up to 1,000 ads monthly for 75 million followers.

Saflor argues that viral popularity doesn't extinguish creators' rights and that allowing companies to exploit memes commercially sets a "dangerous precedent" as AI scales such use. Goldman acknowledges the case could inform broader AI copyright fights where original works appear identically in outputs, though he doubts meme generators will become a major precedent given memes' inherent reliance on unauthorized copying.