Legal Battle Unfolds Over AI-Generated Content
In a groundbreaking legal confrontation, Disney and Universal have filed a significant lawsuit against Midjourney, a popular AI image and video generation company, on June 11. The lawsuit, lodged in a federal district court in Los Angeles, accuses Midjourney of copyright infringement by using iconic characters such as Darth Vader from 'Star Wars', Elsa from 'Frozen', and the Minions from 'Despicable Me' without permission. The studios have labeled Midjourney's technology as a 'bottomless pit of plagiarism', alleging that the company has made and distributed innumerable copies of their copyrighted works.
Disney's executive vice president and chief legal officer, Horacio Gutierrez, emphasized the company's stance, stating, 'We are bullish on the promise of AI technology and optimistic about how it can be used responsibly as a tool to further human creativity, but piracy is piracy, and the fact that it's done by an AI company does not make it any less infringing.' This legal action marks the first time major Hollywood studios have taken on a generative AI company in court, setting a potential precedent for the entertainment industry's relationship with AI technologies.
Midjourney's Video Tool Raises New Concerns
Amidst the ongoing lawsuit, Midjourney has introduced its new V1 video generation tool, which has already stirred controversy by producing clips featuring Disney and Universal characters in unconventional scenarios, such as Wall-E brandishing a firearm or Yoda smoking a joint. The complaint from Disney and Universal highlights that this video tool could 'only enhance Midjourney's ability to distribute infringing copies, reproductions, and derivatives of Plaintiffs' Copyrighted Works.' The studios expressed particular concern over Midjourney's plans for a soon-to-be-released video service, fearing it will further propagate copyrighted content without authorization.
The introduction of this video tool comes at a time when Midjourney is already under scrutiny for its image-generation capabilities. The lawsuit includes dozens of examples of Midjourney-generated images featuring characters like Spider-Man, the Incredible Hulk, and Shrek, often used to market and promote its tools. Syracuse University law professor Shubha Ghosh noted, 'A lot of the images that Midjourney produces just seem to be copies of copyright characters that might be in new locations or with a new background.' This raises questions about the extent to which AI-generated content can be considered original or transformative.
Broader Implications for AI and Copyright Law
The legal battle between Disney, Universal, and Midjourney is not just about specific instances of infringement but also touches on broader issues of how AI technologies interact with intellectual property laws. The studios allege that Midjourney has ignored demands to stop infringing on copyrighted material, even as other AI services have implemented protections like rejecting certain prompts or screening for copyright issues. Additionally, Disney and Universal claim that Midjourney has already begun training its video tool on copyrighted content, potentially deepening the infringement.
This case also comes amidst other legal challenges for Midjourney, including lawsuits from visual artists alleging copyright violations. AI critic and cognitive scientist Gary Marcus, who has previously highlighted Midjourney's 'visual plagiarism problem' alongside visual artist Reid Southen, commented, 'Reid and I pointed out this problem 18 months ago, and there's been very little progress and very little change.' As this landmark case unfolds, it could redefine the boundaries between generative AI and intellectual property, shaping how technology companies operate within the creative industries.