Court showdown over AI-generated ‘Italian brainrot’ characters could set copyright precedent

A California lawsuit pits Do Big Studios against French startup Mementum Lab over ownership of AI-created “Italian brainrot” characters, including Tung Tung Sahur, potentially defining copyright or trademark rights for AI art.

A federal case in California brings Do Big Studios, developer of the Roblox hit “Steal a Brainrot,” into conflict with French startup Mementum Lab, which backs the creators of several AI-generated “Italian brainrot” memes. Do Big’s lawsuit asserts that characters such as Tung Tung Sahur, produced by feeding seven prompts into an AI image tool, are not eligible for copyright because they lack human authorship, citing existing Copyright Office guidance.

Mementum Lab, represented by Greenberg Glusker, argues the character’s origin—an Indonesian drum concept devised by Fernanda Bagas Indrastata, known online as Noxa—demonstrates human input and therefore merits protection, filing a trademark infringement counterclaim. Both sides contend the outcome could determine whether AI-created art can generate millions in licensing fees and set precedent for future AI-driven content.

UCLA law professor Mark McKenna says the case highlights the low originality threshold for copyright but warns that using trademark to sidestep copyright questions may be a misuse. The dispute underscores the broader legal uncertainty surrounding AI-assisted creative works.