Disney and Universal have filed a lawsuit against artificial intelligence company Midjourney over its image generator, which they allege is a “bottomless well of plagiarism” that produces countless copies of famous Disney characters.
Article contents:
- Introduction
- Lawsuit details
- Infringed character examples
- Company statements
- Legal analysis
- Midjourney background
- Industry context
- Conclusion
Introduction
The two entertainment giants claim that Midjourney’s image generation tool creates “endless” copies of their characters, including Darth Vader from Star Wars, Elsa from Frozen, and the Minions from Despicable Me.
This move comes amid the complex relationship between the entertainment industry and artificial intelligence technology. While many studios want to leverage this technology, they simultaneously fear the potential theft of their works and creative output.
Lawsuit details
Midjourney’s image generator creates images based on written prompts. In the lawsuit filed in a federal court in Los Angeles, Disney and Universal provided examples of program-generated images featuring their characters—such as Yoda from Star Wars, Marvel’s Spider-Man, and the Hulk and Iron Man from the Marvel Cinematic Universe.
Infringed character examples
The complaint stated that Midjourney generated $300 million in revenue last year alone and plans to launch a new “video service” soon. Shubha Ghosh, a professor of law at Syracuse University, said: “It appears that many of the images produced by Midjourney are simply copies of copyrighted characters, perhaps placed in new locations or different backgrounds. It does not appear to add a transformative or innovative creative element to them.”
Company statements
Horacio Gutiérrez, Disney’s chief legal officer, said the company is optimistic about how artificial intelligence can be used “as a tool to responsibly enhance human creativity.” However, he added: “But piracy is still piracy, and the fact that the perpetrator is an artificial intelligence company does not make it any less of an infringement.”
Legal analysis
Ghosh added that copyright law recognizes that creativity can build upon previous works as long as it adds something new. Meanwhile, Randy McCarthy, chair of the intellectual property law group at the U.S. firm Hall Estill, commented: “There is no such thing as a fully guaranteed lawsuit—and that applies to Disney and Universal in this case.” He continued: “There are many issues, such as the terms of service clauses for Midjourney and the analysis of the fair use doctrine, that the court will need to clarify before predicting the outcome of the case.”
Midjourney background
Midjourney did not immediately respond to a request for comment from the BBC. The San Francisco-based startup states on its website that it has a “small, self-funded team” of fewer than 12 full-time employees, describing itself as an “independent research lab.” The company is headed by David Holz, who previously co-founded a sensor company called Leap Motion.
Industry context
On the other hand, Hollywood views artificial intelligence with both positive and negative perspectives. Just two years ago, actors and writers at the heart of the entertainment industry went on strike demanding protection against the new technology. However, artificial intelligence is now increasingly used in the production of series, films, and video games. The recent Academy Awards saw the adoption of artificial intelligence technologies for voice modification in two nominated films, Emilia Perez and The Brutalist. The same technology has also been used to digitally rejuvenate and de-age actors on screen, as happened with Tom Hanks and Harrison Ford.
Conclusion
This case highlights the growing tension between intellectual property owners and artificial intelligence companies that use copyrighted content to train their models. While tech companies strive to push the boundaries of technical creativity, entertainment companies are trying to protect their valuable assets from unauthorized use. The outcome of this case is expected to set an important precedent in defining the future of artificial intelligence use in the entertainment industry.
