Just when we thought the legal battle between Hollywood and AI couldn't get more intense, Warner Bros. Discovery has officially entered the mix, filing its own lawsuit against AI image generator Midjourney, according to The Hollywood Reporter.
This comes hot on the heels of the bombshell joint lawsuit filed by Disney and NBCUniversal back in June.
This is a coordinated legal assault by the giants of Hollywood against a technology they see as an existential threat.
Let's dive in.
WBD Sues Midjourney
The initial lawsuit was filed by Disney and NBCUniversal, and it alleged that Midjourney was stealing intellectual property. They argued that Midjourney's business model is built on the unauthorized use of their characters to train its AI and generate images for its users.
Now, Warner Bros. Discovery has echoed those claims in its own legal filing.
You can read the entire lawsuit here!
The studio alleges that Midjourney has been "brazenly" infringing on its copyrights, allowing users to create and distribute images of iconic characters like Batman, Superman, the Looney Tunes, and Harry Potter.
WBD isn't just throwing around accusations; they've come with receipts.
Their lawsuit includes side-by-side comparisons of stills from films like The Dark Knight and Midjourney-generated images that are very similar.
At one point, the lawsuit reads:
“Midjourney thinks it is above the law. It sells a commercial subscription service, powered by artificial intelligence technology, that was developed using illegal copies of Warner Bros. Discovery’s copyrighted works. The Service lets subscribers pick iconic Warner Bros. Discovery copyrighted characters and then reproduces, publicly displays and performs, and makes available for download (i.e., distributes) infringing images and videos, and unauthorized derivatives, with every imaginable scene featuring those characters. Without any consent or authorization by Warner Bros. Discovery, Midjourney brazenly dispenses Warner Bros. Discovery’s intellectual property as if it were its own.”
What does WB want from all of this?
Warner Bros. Discovery seeks Midjourney to pay $150,000 per infringed work, which would be an insane bill. If they don't WB wants access to Midjourney's data to see how the program was trained and on what, to see if their ideas were stolen or pirated.
There was a lawsuit against Midjourney last year where it was alleged that they had a massive spreadsheet of artists they stole from, and that could come out in this as well.
Midjourney vs 'The Dark Knight' Warner Bros. legal complaint.
Midjourney's Defense
Midjourney is expected to argue that its use of copyrighted material for training falls under the legal doctrine of "fair use."
The company may also try to shift the blame to its users. It could be argued that it's the users, not the platform, who are creating the infringing content.
If this case goes to discovery, we may uncover how Midjourney actually trains its algorithm.
What's Next In These Lawsuits Against Midjourney?
The outcome of these lawsuits will have a profound impact on the future of creativity and copyright.
Will the courts side with the studios and rein in the "Wild West" of generative AI? Or will they carve out a new interpretation of "fair use" that allows for the continued development of these powerful new tools?
The outcome of these suits will redefine the boundaries of copyright law for a new generation of technology.
Let me know what you think in the comments.
