The image generation companies claimed that they were training their AI using copyrighted data.
Midjourney is interested in learning how Warner Bros. Discovery, Disney and Universal Studios are using artificial intelligence technology in their shows and movies. variety The company is asking companies to submit that information to the court. Last year, both studios filed a copyright infringement lawsuit against an AI image generation company that was able to generate images of Superman, Batman, and other copyrighted characters. Midjourney argued that training its AI with publicly available images is fair use, and that the studio itself uses the same training techniques for its own AI models.
Specifically, Midjourney is seeking studios’ AI business plans, research reports, training datasets, model weights, and even presentations on AI that companies have used in board meetings. However, in mid-June, a magistrate withheld most information about its use of AI, allowing the studio to hand over only information related to “consumer” AI applications. Midjourney is now asking a federal court to vacate that judge’s order.
According to litigation publications meelysMidjourney’s reasoning is that the evidence sought is relevant to the fair use defense. If an image generation tool can show that the studio itself uses copyrighted work to train its own models, it could weaken the lawsuit. “If Plaintiffs are doing exactly what they seek to punish, that evidence is central to Midjourney’s fair use and unclean hands defense,” Midjourney attorney Bobby Gajjar wrote. A federal judge’s decision in this case could affect future litigation because it could set precedents about what information should and will be admitted in court.
