In a complaint for copyright infringement filed in California’s Central District Court, Warner Bros. Entertainment seeks damages from generative AI image/video platform Midjourney for enabling and permitting the creation and distribution of materials that infringe on its and its subsidiaries (DC, Turner Ent., Hanna-Barbera, Cartoon Network) copyrights on popular characters such as Batman, Superman, Tweety Bird and Scooby-Doo. WB is the third major studio to file suit against the company, following actions taken by Disney and Universal earlier this summer.
WB had previously been approached by these other studios to join in the take down, but had declined. Midjourney’s incorporation of video/”animation” generation service and a 24-hour streaming channel on its site and YouTube seems to have stirred the studio to action. The complaint alleges that Midjourney recently removed guardrails that prevented users from creating videos that infringe on its copyrights, and notes that talk of the service adding “channels” to its live stream output suggests “an intent to expand into the traditional television or streaming markets.”
Using several popular animated stars as examples, the suit attempts to demonstrate how Midjourney users can obtain “high quality, downloadable images” of specific characters in specific styles, settings and actions from “a simple text prompt.”
The claim further alleges that, “Even in response to generic prompts like ‘classic comic book superhero battle’ that do not mention a Warner Bros. Discovery copyrighted character, Midjourney generates and displays high quality, downloadable images featuring Warner Bros. Discovery’s copyrighted characters such as Superman, Batman and Flash,” adding, “Midjourney will then generate a video featuring any of these copyrighted characters.”
WB also claims that Midjourney uses copies of and the name recognition of its copyrighted characters “to market and promote its Service, encouraging even more infringement (and falsely implying Warner Bros. Discovery’s endorsement). As a result, subscribers have been drawn to Midjourney’s Service because of its ability to generate images that infringe Warner Bros. Discovery’s copyrighted works.”
In the case brought by Disney and Universal, Midjourney argued that AI training on copyrighted works is protected by fair use, and that its terms of service bar users of the service from violating others’ intellectual property rights. The defending lawyers accused the studios of hypocritically trying to bring down “industry standard” AI practices will investing in AI production applications for their own profit.
WB is seeking damages, such as “up to $150,000 per infringed work,” as well as a court injunction to block Midjourney from infringing on its copyrights.
[Source: Variety, court filing]
