Midjourney Demands Hollywood Studios Reveal Their Own AI Use in Copyright Fight

Midjourney, the AI image-generation company sued by Disney, Universal, and Warner Bros for copyright infringement, has filed a motion to compel the studios to disclose how they themselves use AI. The studios, owners of iconic characters like Superman, Bugs Bunny, and Darth Vader, allege Midjourney trained its models on publicly available images to generate copyrighted characters. Midjourney's June 29 filing argues that if the studios are also training generative AI on third-party works or scraping the internet, it would constitute evidence that such conduct is considered fair use in the industry. The company claims the studios have "unclean hands" due to their own unlicensed image copying. Lead studio lawyer David Singer dismissed the motion as a "fishing expedition." Midjourney asserts its use falls under fair use, citing unsettled law in generative AI cases. The US district court in California has not yet ruled. Separately, US artists recently scored a victory in a landmark AI copyright case. Attorney James Lorin Silverberg notes that fair use arguments have gained traction in prior AI cases, but hundreds of lawsuits worldwide will determine the future of copyright protections and artists' rights.