Disney and Universal are suing the AI mid-journey over an image generator that claims the Hollywood giant is a “bottomless hole in plagiarism.”
The two studios claim that Midjourney's tools are making “countless” copies of characters such as Darth Vader from Star Wars, Elsa from Frozen, and my sleazy minions.
This is part of the ongoing love-hate relationship with AI in the entertainment industry. Many studios want to use technology, but are concerned that their work could be stolen.
Midjourney's image generator creates images of typed requests or prompts.
In a lawsuit filed in U.S. District Court in Los Angeles, the studio cited examples of images generated in the Mid Journey, including Disney characters such as Yoda from Star Wars, Spider-Man from Marvel, and the incredible Hulk and Iron Man.
Disney's Chief Legal Officer Horacio Gutierrez said the company is “optimistic” about how it can use AI responsibly.
“But the fact that copyright infringement is copyright infringement and that it is being done by an AI company does not infringe it,” he said.
In the complaint, Disney and Universal said Midi Joanie had made $300 million (£221 million) last year alone and is planning a “soon release video service.”
“Many images produced by the Mid Journey seem to be in new locations or copying copyrighted characters with new backgrounds,” says Shuba Ghosh, a law professor at Syracuse University.
“It doesn't seem like they're transforming in a creative or imaginative way.”
He added that copyright law has the perception that creativity can build on other works as long as it adds something new.
“The lawsuit is not so far slam dunk, and in this case it applies to Disney,” said Randy McCarthy, head of the IP Law Group at U.S. law firm Hall Estelle.
“There are several issues, such as the provisions of the Terms of Use by Midjourney and the basic fair use analysis, which the court must sort out before determining the outcome,” he added.
Midjourney did not immediately respond to a BBC request for comments.
The San Francisco-based startup says on its website it has a “small, self-funded team” with less than a dozen full-time staff.
It calls itself an “independent lab.”
The company is run by David Holz, who previously founded a hardware sensor company called Leap Motion.
Midjourney lists former Github CEO Nat Friedman and Second Life founder Philip Rosedale among its advisors.
Hollywood sees both the potential benefits and drawbacks of AI.
It was only two years ago that actors and writers shut down the entertainment industry hub and shut down a strike demanding protection against new technology.
But now, AI is being used more in television, movies and video games.
The two films competing at the Oscars used AI to change their voices: Emilia Perez and the Brutalist.
This technology has also been used to withdraw actors such as Tom Hanks and Harrison Ford.
