Disney Enterprises, Inc., along with several related entertainment companies, filed a lawsuit against Midjourney, Inc., last week, accusing the AI company of copyright infringement. The complaint, filed in the Central District of California, alleges that Midjourney’s Image Service unlawfully reproduces, displays, and distributes unauthorized copies and derivatives of Disney and Universal’s copyrighted works, including characters from iconic franchises such as Star Wars, Marvel, and Pixar.
This lawsuit is the first major federal case involving Midjourney. According to Docket Alarm, the company has been involved in proceedings at the Trademark Trial and Appeals Board but no other federal litigation.
The plaintiffs, which include Marvel Characters, Inc., MVL Film Finance LLC, Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, and DreamWorks Animation L.L.C., claim that Midjourney’s actions are not only unauthorized but also willful and calculated. They argue that Midjourney has been notified of the infringement but has continued to release new versions of its service that allegedly produce even higher quality infringing images.
According to the complaint, Midjourney’s AI-based Image Service uses the plaintiffs’ copyrighted works to train its model without permission, resulting in the generation of infringing images. The plaintiffs assert that this unauthorized use has caused harm in California, where many of the plaintiffs are headquartered, and that Midjourney could implement measures to prevent such infringement but has chosen not to do so.
The lawsuit seeks damages, an injunction to prevent further infringement, and an accounting of profits. The plaintiffs are also requesting statutory damages for willful infringement and attorneys’ fees.
Disney and the other plaintiffs are represented by Jenner & Block.
