Intellectual Property in the Digital Age: From the “Success Kid” Case to the AI-Generated Content

This thesis analyzes the intersection between traditional copyright laws and the challenges posed by viral culture and Artificial Intelligence. The goal is to determine whether current legal frameworks are capable of regulating digital content that challenges classic concepts of authorship and authorization. The first chapter is the theoretical and introductory section of the thesis. It outlines the fundamentals of intellectual property, with a specific focus on the distinction between Copyright (Common Law) and Droit d'auteur (Civil Law). The analysis examines international harmonization tools and limitations on exclusive rights, with a particular focus on the doctrine of Fair Use as a mechanism for balancing author protection and creative freedom. The second chapter represents the core of the work and focuses on the practical analysis of the Griner v. King court case. Through the study of the famous “Success Kid” meme, the conflict between the viral popularity of an image and the rigor of proprietary protections is investigated. The chapter addresses the central question of whether virality can generate an implicit “de facto” license or whether copyright should remain the guiding principle even in informal digital contexts, applying the Four-Factor Test to assess the legitimacy of use. The third chapter concludes the research by comparing human-generated memes with the new frontier of synthetic production: Artificial Intelligence and the phenomenon of “Brainrot”. It examines the evolution of the concept of ownership in the transition from the human creativity of “Success Kid” to the automated generation of digital icons. By comparing the role of the physical creator and the algorithm (citing cases such as Thaler v. Perlmutter), the thesis assesses whether traditional rules are applicable to content without a direct human imprint. In conclusion, the paper demonstrates that, despite the perception of total freedom on the web, virality cannot replace legal licensing. The transition from human memes to automated AI production does not nullify copyright but shifts its boundaries: the challenge of the future will no longer be just to protect the work, but to redefine who, between man and machine, can legitimately claim ownership in an increasingly saturated and fragmented digital market.