California Court Battle Over 'Italian Brainrot' AI Characters Tests Authorship Laws

A legal battle in a California court is pitting a hit Roblox game developer against a French startup, creating a pivotal test for the ownership of AI-generated art. The dispute centers on whether the prompts used to create viral digital characters constitute enough human authorship to grant copyright protection.

Do Big Studios, the creator of the Roblox game 'Steal a Brainrot,' is facing a lawsuit from Mementum Lab, a startup representing AI-character creators. Mementum Lab is seeking licensing fees for several characters, including Tung Tung Sahur. In response, Do Big Studios argues that the material lacks human authorship and therefore cannot be copyrighted. According to an amended complaint from Do Big Studios, the rights claimed by Mementum "do not exist" under established law.

As the case has progressed, Mementum Lab has introduced counterclaims of trademark infringement. This shift serves as a strategic alternative to the more difficult copyright claims. Mark McKenna, a law professor at UCLA, described this pivot as a "misuse of trademark law" intended to avoid the complex legal questions surrounding copyright and AI.

The Rise of 'Italian Brainrot'

The conflict stems from a surreal trend known as 'Italian brainrot,' which gained popularity among children in early 2025. The trend features AI-generated characters given faux Italian names, such as La Vaca Saturno Saturnita and Ballerina Cappuccina. These assets have been rapidly commercialized across YouTube, social media, and gaming platforms like Roblox.

One central figure in the dispute is the character Tung Tung Sahur. The character was created by Fernanda Bagas Indrastata, an Indonesian man known online as Noxa, who used an AI image generator to produce the art. Indrastata reportedly used seven prompts over a 15-minute period to create the character, which is based on a 'kentongan'—a traditional Indonesian drum used during Ramadan to wake people for sahur.

The Legal Stakes

This case highlights a growing tension between AI creators and the companies that monetize their output. Eben Jeda, co-founder of Mementum Lab, stated that if these characters evolve into global entertainment franchises, the original creators should share in that success.

The U.S. Copyright Office has previously affirmed that while AI-assisted work can be copyrighted, the level of human contribution must be analyzed on a case-by-case basis. The court's decision will likely determine if a handful of prompts and a few minutes of work are sufficient to establish ownership.

What's Next

The outcome of the proceedings will signal whether viral AI assets remain in the public domain for any company to use freely or if creators can legally enforce licensing agreements. The court must now decide if the creative intent behind the prompts outweighs the automated nature of the AI's execution.