Disney & Universal are joining forces in a lawsuit against AI photo-generation company Midjourney.
Midjourney, artificial intelligence and litigation: What's happening to copyright?
In recent years, artificial intelligence (AI) has made a huge breakthrough in the creative industries. One of the leading AI platforms –Midjourney, allows its users to create impressive images using only text descriptions. But with rapid technological progress comes serious legal issues, especially in the areas of copyright and brand protection.
Midjourney is a generative AI tool that creates images based on text queries. For example, users can ask “what would I look like as a Jedi Master” and get a visualization that is reminiscent of the style of George Lucas and everyone involved in the Star Wars saga. And that’s where the problems begin…
Why does AI worry the giants?
Companies like Disney and Universal have started to closely monitor generative AI tools because:
- Some users are using Midjourney to create content that looks like “official” Disney art – without licenses or permissions.
- This creates a risk of misleading consumers and diluting the value of brands.
In 2023–2024, cease and desist letters were issued by studios like Disney and Warner Bros to users selling AI-generated products in their style. But the softened tone doesn't lead to results when it comes to court overseas.
Who owns the AI-generated content?
This is one of the most debated legal issues in the world of intellectual property:
- According to many jurisdictions, copyright can only be granted to a person, not an algorithm.
- If the image is generated by AI, there is no automatic protection unless significant human intervention is made.
- Furthermore, the training data of AI models often contains millions of images created by real artists – without their explicit consent.
What does this mean for business?
For individuals using AI like Midjourney, this carries the following risks and responsibilities:
- Don't use AI to create images in the style of famous brands – this could be considered copyright or trademark infringement.
- The registration of copyright on AI-generated content is controversial – there is still no clarity in Bulgaria and the EU.
- Use legal advice if you plan to do commercial activity with AI-generated images.
Midjourney and similar AI platforms offer unprecedented opportunities for visual creativity, taking advantage of the still young and immature relationship between AI and copyright. But they also raise complex questions about law, ethics, and brand protection. Legal battles with companies like Disney show that we are entering a new era in which the balance between innovation and intellectual property protection is more important than ever.
Image: DeviantArt