A creator who became famous for the "Running Away Balloon" meme recently sued Memes Apps, an AI meme generation platform, claiming that the platform included his work in its advertising template library without authorization and made it available to paid users for search and use.
This case did not follow the "whether training constitutes fair use" approach common in recent AI copyright lawsuits, but instead directly addressed more traditional copyright issues: copying works, publicly displaying works, and using works for commercial template distribution.
The focus of the lawsuit is not on model training.
According to the lawsuit, the artwork was first published in April 2017. In the image, a small gray figure reaches for a balloon labeled "opportunities," while a pink character named "shyness" pulls it back. The plaintiff claims that the artwork appeared in the platform's template library under its original name and could be found by any subscriber.
The plaintiff argues that this method of inclusion is not a piecemeal reposting, but rather that the platform directly incorporates the works into a system of callable advertising templates for use by commercial clients.
The plaintiff claims that platform marketing exacerbated the infringement allegations.
The lawsuit also cites the platform's own marketing copy in an attempt to prove that the infringement was intentional. The plaintiff points out that the company encouraged clients to "fire their advertising agencies," which typically pay licensing fees for the content they use.
At the same time, the plaintiff also claimed that while the platform claimed that its website content was protected by copyright, it also included other people's works in its template library for subscribers to use, which became an important argument in the lawsuit.
The outcome of the case may affect similar products.
The plaintiff is seeking a permanent injunction, a calculation of the platform's profits, return of proceeds, and statutory damages. Under U.S. copyright law, if a court determines that an infringement was intentional, the maximum statutory damages for a single work can reach $150,000.
Legal scholars have told foreign media that if the court rules against Memes Apps, the impact may not be limited to that company; other meme generators could face similar risks. Previously, in 2024, a U.S. federal appeals court ruled that a political fundraising campaign's use of the "Success Kid" meme constituted copyright infringement. This precedent is also seen as evidence that the use of memes in advertising contexts is not automatically protected.
Unlike previous cases that primarily targeted advertisers, this time the plaintiff is directly blaming the template and tool providers. If the case proceeds, the extent of the platform's liability for providing AI-powered ad templates will likely be a key focus of subsequent proceedings.
