Warner Bros. Discovery has filed a copyright infringement lawsuit against Midjourney, a prominent AI image generation company, alleging that the platform enables users to create images and videos that are blatant rip-offs of its iconic characters. The lawsuit, filed in Los Angeles federal court on Thursday, joins a similar legal battle initiated by Disney and Universal earlier this year. Warner Bros. Discovery accuses Midjourney of knowingly infringing on its copyrights by allowing users to generate images of characters like Batman, Superman, Wonder Woman, Scooby-Doo, Bugs Bunny, and others.
The core of Warner Bros. Discovery's argument is that Midjourney has built its business by training its AI models on copyrighted material without permission, and is thus encouraging copyright infringement. The lawsuit points out that even generic prompts like "classic comic book superhero battle" can lead to the generation of high-quality images featuring DC characters. Warner Bros. Discovery is particularly concerned about Midjourney's commercial subscription service, which it claims profits from the unauthorized use of its intellectual property. The media conglomerate argues that Midjourney has the capability to prevent the generation of images featuring its copyrighted characters but has chosen not to, prioritizing its own profits over copyright protection.
Warner Bros. Discovery is seeking statutory damages of up to $150,000 per infringed work. Given the vast number of images potentially infringing on Warner Bros. Discovery's copyrights, this could amount to a substantial financial burden for Midjourney. The lawsuit also seeks an injunction to prevent further infringement. A Warner Bros. Discovery spokesperson stated that the company filed the suit to protect its content, partners, and investments, asserting that Midjourney is "blatantly and purposefully infringing copyrighted works".
Midjourney has not yet responded to requests for comment on the Warner Bros. Discovery lawsuit. However, in response to the previous lawsuit filed by Disney and Universal, Midjourney has argued that its use of copyrighted material falls under "fair use" protections. The company contends that training its AI model on publicly available images is a transformative use of the material, as it uses the data to learn visual concepts rather than directly copying the images. Midjourney has also stated that its terms of service prohibit users from infringing on intellectual property rights and that it is the responsibility of users to adhere to these terms.
The lawsuit highlights the ongoing debate surrounding AI-generated content and copyright law. Copyright law protects original works of authorship, but the application of these laws to AI-generated content is complex. The U.S. Copyright Office has stated that works created solely by AI without human intervention are not eligible for copyright protection. However, AI-assisted works in which human creative expression is evident can be copyrighted. The legal challenges faced by Midjourney and other AI image generation companies underscore the tension between technological innovation and intellectual property rights. These cases could have significant implications for the future of AI and its relationship with copyright law.
