Disney, Universal file copyright lawsuit against Midjourney

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    Disney and Universal have taken legal action against Midjourney, a well-known AI image generator, marking the first lawsuit by major Hollywood entities against a company involved in generative AI technology. Filed in a Los Angeles federal court, the copyright infringement suit alleges that Midjourney unlawfully copied and distributed images of popular characters from the studios’ extensive libraries. These iconic figures include Star Wars’ Darth Vader and the Minions from “Despicable Me.”

    The lawsuit describes Midjourney as an archetype of copyright infringement, accusing it of being a haven for plagiarism. The studios equate the unauthorized making of images or videos through AI with traditional forms of piracy, emphasizing that the method of production does not lessen the infringement. They claim the San Francisco-based Midjourney has ignored requests to stop using copyrighted material and to implement technological safeguards to prevent such actions.

    Midjourney did not immediately respond to requests for comment. However, CEO David Holz spoke to the issue during a user conference call, expressing confidence in Midjourney’s future despite the legal challenges. He refrained from discussing the ongoing litigation in detail but assured that the company has a strong future.

    In a previous discussion, Holz likened Midjourney’s service to a search engine, suggesting it sources a variety of online images. He compared AI’s learning process to human creativity, suggesting that just as individuals can study and be inspired by existing works, so can AI systems. According to Holz, as long as the resultant images are distinct, the process is comparable to human artistic inspiration.

    This lawsuit surfaces in the backdrop of various AI companies attempting to integrate into Hollywood and the gaming sector, offering technology that can facilitate the creation of video, synthetic voices, and enhance editing processes. The Motion Picture Association reiterated the indispensability of robust copyright protection for the industry’s stability, advocating for a balanced approach to AI that respects intellectual property while encouraging responsible innovation.

    The Recording Industry Association of America endorsed the lawsuit, emphasizing the importance of safeguarding human creativity against indiscriminate AI innovation. They, too, are engaged in legal battles over AI-produced music.

    While major AI developers often keep their data sources private, they defend their practice of collecting publicly accessible content for training AI under the “fair use” provision of U.S. copyright law. Concurrently, many tech companies are leaning towards licensing agreements, recognizing the need to remunerate content creators.

    This case is among several pending lawsuits against AI platform developers in the United States, particularly in major cities like San Francisco and New York. Additionally, the first significant copyright case in the generative AI sector is currently taking place in London, where Getty Images is challenging Stability AI, another image-generating service.

    As the legal landscape evolves, the coming years will test the balance between innovation and copyright protection, which is crucial for fostering creativity while respecting creators’ rights.