Warner Bros. Sues Midjourney Over AI-Generated Characters, Joining Disney and Universal in Copyright Battle
Los Angeles, CA – Warner Bros. has launched a copyright infringement lawsuit against artificial intelligence company Midjourney, alleging that the popular AI platform enables its millions of subscribers to generate unauthorized images and videos of highly recognizable characters such as Superman, Bugs Bunny, Batman, and Wonder Woman. This legal action marks the third major Hollywood studio to challenge Midjourney in Los Angeles federal court, following a joint lawsuit filed by Disney and Universal in June, signaling a growing industry-wide concern over AI’s use of intellectual property.
Warner Bros. Alleges Illicit Training and Encouragement of Infringement
In its filing, Warner Bros. asserts that Midjourney’s AI system was illicitly trained on “illegal copies” of its extensive catalogue of works. The lawsuit further claims that Midjourney actively encourages its user base to create and download infringing content featuring iconic figures like Scooby-Doo and the Powerpuff Girls, placing them in “every imaginable scene.” The entertainment giant provided examples, stating that even a generic prompt for a “classic comic book superhero battle” can yield high-quality, infringing images of DC Studios characters, including Superman, Batman, and The Flash.
Accusations of Being “Above the Law” and Consumer Confusion
Warner Bros. has explicitly accused Midjourney of believing it is “above the law,” arguing that the San Francisco-based startup could “easily stop its theft and exploitation” of intellectual property, just as it implements restrictions on content involving violence or nudity. The studio highlights a significant concern regarding “consumer confusion,” suggesting that Midjourney’s practices mislead subscribers into thinking that the AI’s extensive copying and the resulting infringing images and videos are somehow authorized by Warner Bros. Discovery. The studio is seeking substantial damages, up to $150,000 for each infringed work.
Midjourney’s Defense: Transformative Fair Use and User Responsibility
Midjourney, which did not immediately respond to requests for comment regarding this latest lawsuit, has previously defended its practices against similar accusations from Disney and Universal. In an August court filing related to that joint lawsuit, Midjourney argued that its AI tool was trained on “billions of publicly available images” primarily “to learn visual concepts” and their correlation with language. The company posited that this process constitutes “quintessentially transformative fair use,” a legal defense it claims is supported by recent court rulings in cases where published authors have sued AI firms like Anthropic and Facebook parent Meta.
CEO David Holz Compares AI Learning to Human Creativity
Furthermore, Midjourney has placed the onus of compliance on its users, stating that its terms of service explicitly prohibit the infringement of intellectual property rights. In a 2022 interview with The Associated Press, Midjourney CEO David Holz likened his image-making service to “a search engine,” emphasizing its function of pulling a vast array of images from the internet. Addressing copyright concerns, Holz drew a parallel to human creativity: “Can a person look at somebody else’s picture and learn from it and make a similar picture? Obviously, it’s allowed for people and if it wasn’t, then it would destroy the whole professional art industry… To the extent that AIs are learning like people, it’s sort of the same thing and if the images come out differently then it seems like it’s fine.”
The Evolving Landscape of AI and Copyright Law
This ongoing legal battle underscores the complex and evolving challenges copyright law faces in the rapidly advancing landscape of artificial intelligence.
