Disney, Universal sue Midjourney for copyright infringement in AI training
Disney and Universal Studios filed a lawsuit against Midjourney alleging it trained its AI image generator on millions of copyrighted works including Marvel superheroes, Star Wars characters, Shrek, and Minions without permission, then allowed users to generate infringing derivative images. The studios claim Midjourney profited through subscriptions while ignoring previous warnings about the copyright violations.
What happened
Midjourney allegedly trained its AI model using an immense quantity of copyrighted works, including Disney's Marvel superheroes, Star Wars characters, and Universal's Shrek and Minions, without obtaining permission. The company then allowed users to generate images that closely replicate these iconic characters, profiting through subscriptions and distribution of unauthorised derivative works.
Disney and Universal filed a lawsuit in federal district court in Los Angeles providing examples of Midjourney-generated images that included Star Wars' Yoda and Darth Vader, Marvel's Spiderman, the Incredible Hulk, Iron Man, Frozen's Elsa, and the Minions from Despicable Me.
Reported impact
The studios allege this has potentially harmed their intellectual property rights, brand value, and revenue streams by enabling widespread reproduction without licensing or control. Midjourney made $300m last year alone and is planning a soon-to-be-released video service.
Index analysis
A legal precedent in this case could shape the future boundaries of AI-generated content and copyright enforcement, impacting artists, companies, and consumers. Copyright law recognizes that creativity can build on other works as long as it adds something new, but some legal experts suggest that Midjourney-generated images do not appear to be transformed in a creative or imaginative way.
Several issues including terms of service provisions by Midjourney and basic fair use analysis will need to be sorted out by the court before the likely outcome can be determined.
Governance controls
Midjourney's actions exemplify a 'copyright free-rider' secretly exploiting existing creative works for commercial gain without proper licensing. The studios allege previous warnings were ignored, compelling legal action to enforce their IP rights.
Classification
Sources and evidence
This record was researched and written by the Index, based on the following original reporting.