Warner Bros. Discovery has filed a copyright infringement lawsuit against Midjourney, alleging that the AI image generator enables users to create unauthorized images and videos of its iconic characters. This legal action follows a similar lawsuit filed in June by Disney and Universal against Midjourney. Warner Bros. claims that Midjourney's AI was trained using "illegal copies" of its copyrighted works, encouraging users to generate and download images and videos of characters like Superman, Batman, Wonder Woman, Bugs Bunny, Scooby-Doo, and others in "every imaginable scene".
The lawsuit, filed in Los Angeles federal court, accuses Midjourney of "brazenly" dispensing Warner Bros. intellectual property as its own without consent or authorization. Warner Bros. argues that Midjourney is aware of the extensive copyright infringement occurring on its platform but has chosen to prioritize profit over protecting copyright owners. The company further alleges that Midjourney's practices create "consumer confusion" by misleading subscribers into believing that the generated images and videos are authorized by Warner Bros. Discovery.
Warner Bros. highlights that Midjourney initially implemented restrictions on generating videos with copyrighted characters when it launched its video model but later removed these protections. The company views this as evidence that Midjourney was aware of its infringing activities. Warner Bros. also points to Midjourney's updated terms of service, which prohibit "redteaming," a safety process used by tech companies, as further evidence of their knowledge of wrongdoing.
The lawsuit seeks statutory damages of up to $150,000 per infringed work, as well as an injunction to prevent further copyright infringement. Warner Bros. is also seeking disgorgement of profits. The company argues that Midjourney's actions have damaged its content, partnerships, and investments.
Midjourney, launched in 2022, has become a popular AI image generator, allowing users to create images and video clips using text prompts. As of September 2024, the San Francisco-based company had nearly 21 million users and an estimated $300 million in revenue.
In response to the earlier lawsuit filed by Disney and Universal, Midjourney argued that its AI tool "had to be trained on billions of publicly available images" to learn visual concepts and how they correspond to language. The company also claimed that copyright law "does not confer absolute control" over the use of copyrighted works and that using those works to train generative AI models constitutes fair use. Midjourney has also stated that its terms of service prohibit users from violating others' intellectual property rights.
Warner Bros.' lawsuit against Midjourney underscores the growing concerns among major entertainment companies regarding the unauthorized use of their intellectual property by AI image and video generators. The outcome of these legal battles could have significant implications for the future of AI-generated content and the protection of copyright in the digital age.
