Can you spot the fake? The AI ‘bootlegs' that have infuriated Disney
Disney and Universal have filed a lawsuit against a tech firm that creates AI-generated images of characters including Shrek and the Minions.
The two media giants have mounted a claim against Midjourney accusing the company of making and distributing 'innumerable' copies of characters from their libraries without permission.
In the lawsuit, filed in Los Angeles, the film studios said: 'By helping itself to plaintiffs' copyrighted works, and then distributing images (and soon videos) that blatantly incorporate and copy Disney's and Universal's famous characters – without investing a penny in their creation – Midjourney is the quintessential copyright free-rider and a bottomless pit of plagiarism.'
They added that the alleged copyright infringement was 'calculated and wilful'. Midjourney has been contacted for comment.
Midjourney is a popular generative AI software that allows users to create images from text prompts. For example, if a subscriber asks Midjourney to generate an image of Yoda in a particular setting or carrying out a certain action, the software will oblige with a high-quality and downloadable image.
The quality of the images is such that they are often impossible to distinguish from the authentic, copyrighted versions.
Can you spot the difference? Test your ability to spot the AI fake with our quiz.
Midjourney made revenues of $300m last year through what Disney and Universal branded a 'bootlegging business model'.
The Hollywood studios accuse the San Francisco-based tech company of ignoring their requests to stop infringing their copyright, or to at least adopt new technological measures to prevent the practice.
They allege that Midjourney instead 'doubled down' on its actions by releasing newer versions of its AI image generation software and teasing a new video service.
The lawsuit references a range of copyrighted characters including Darth Vader from Star Wars, Elsa from Frozen, Lightning McQueen from Cars, Toy Story's Buzz Lightyear, Sully from Monster's Inc, Marvel's Iron Man and Homer Simpson from The Simpsons.
Disney and Universal have asked for a preliminary injunction to prevent future copyright infringement and are seeking unspecified damages from Midjourney.
'Thievery on a high scale'
It comes amid a broader battle between AI companies and the creative industries over concerns the new technology is riding roughshod over copyright protections. Sir Elton John has described the actions of tech companies as 'thievery on a high scale'.
While major record labels and publishers are already locked in legal battles with AI companies over copyright disputes, the lawsuit marks the first time large Hollywood studios have entered the fray.
Horacio Gutierrez, Disney's chief legal and compliance officer, said: 'Our world-class IP is built on decades of financial investment, creativity and innovation – investments only made possible by the incentives embodied in copyright law that give creators the exclusive right to profit from their works.
'We are bullish on the promise of AI technology and optimistic about how it can be used responsibly as a tool to further human creativity. But piracy is piracy, and the fact that it's done by an AI company does not make it any less infringing.'
Kim Harris, NBCUniversal's general counsel, said: 'We are bringing this action today to protect the hard work of all the artists whose work entertains and inspires us and the significant investment we make in our content.
'Theft is theft regardless of the technology used, and this action involves blatant infringement of our copyrights.'
It is not the first time Midjourney, which was founded in 2021, has been accused of misusing copyrighted material to train its AI model.
Alongside rivals including Stability AI, Midjourney is currently facing a lawsuit filed by 10 artists who accused the tech companies of copying and storing their work without permission.
In a 2022 interview, Midjourney chief executive Holz said he built the company's database by performing 'a big scrape of the internet.'.
Asked whether he sought consent of the artists, he responded: 'There isn't really a way to get a hundred million images and know where they're coming from.'
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