Disney and Universal sued Midjourney on Wednesday for generating Shrek, Darth Vader, Buzz Lightyear, and a host of other copyrighted characters in the first major legal showdown between Hollywood and generative AI.
The complaint, filed in a US District Court in central California, calls Midjourneyâs AI image generator a âvirtual vending machine, generating endless unauthorized copies of Disneyâs and Universalâs copyrighted work.â
âBy helping itself to Plaintiffsâ copyrighted works, and then distributing images (and soon videos) that blatantly incorporate and copy Disneyâs and Universalâs famous charactersâwithout investing a penny in their creationâMidjourney is the quintessential copyright free-rider and a bottomless pit of plagiarism,â the lawsuit states.
For example, if a Midjourney subscriber prompts the AI tool to generate an image of Darth Vader, it immediately obliges, according to the plaintiffs, and the same occurs for images of Minions. Disney and Universal included dozens of example images, such as Yoda, WALL-E, Deadpool, Iron Man, Lightning McQueen, Aladdin, Spider-Man, Groot, Elsa from Frozen, the Guardians of the Galaxy, and Star Wars characters including Stormtroopers, Chewbacca, R2-D2, and C-3PO â all allegedly generated by Midjourney.
Disney and Universal claim in the lawsuit that Midjourney uses such copyrighted characters to market and promote its tools.
They also allege that Midjourney has so far ignored the companiesâ demands to stop infringing on copyrighted material, even as other AI image- and video-generation services have adopted copyright protections like rejecting certain prompts and screening for copyright infringement.
Midjourney did not immediately respond to a request for comment.
One particular sticking point for the plaintiffs: Midjourneyâs soon-to-be-released video generator.
The plaintiffs wrote that they believe Midjourneyâs video AI tool âwill generate, publicly display, and distribute videos featuring Disneyâs and Universalâs copyrighted characters,â adding that since Midjourney has already begun training the tool, the company is âvery likely already infringing Plaintiffsâ copyrighted works in connection with its Video Service.â
Disney and Universal are calling for a jury trial.
âThis case is not a âclose callâ under well-settled copyright law,â the plaintiffs write, adding, âThat is textbook copyright infringement.â
Although itâs the first major legal action coming from Hollywood in such a case, itâs far from the first accusing an AI company of copyright infringement.Itâs becoming more and more common for publishers and content creators to sue AI companies over allegedly training on or copying their creative works. OpenAI, creator of ChatGPT, has been on the receiving end in a high-profile way after a lawsuit from The New York Times, as well as a class-action lawsuit from a group of authors including George R.R. Martin, and a lawsuit from the publishers of newspapers including The New York Daily News and The Chicago Tribune. Anthropic, the OpenAI rival behind the Claude chatbot, has been sued by a group of authors, as well as Universal Music and, last week, Reddit.
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