AI startup Midjourney is pushing for Hollywood studios Disney, Universal, and Warner Bros. to disclose how they utilize artificial intelligence in their own operations amid an ongoing legal dispute. Disney and Universal sued Midjourney for alleged copyright infringement last year, claiming the startup’s models could create images of characters such as Bart Simpson and Darth Vader. Warner Bros. subsequently joined the legal actions against Midjourney.
Midjourney defends its practices, asserting that training its AI models on copyrighted images is permissible under fair use. The focal point of the current legal dispute centers around what documentation the studios must produce during the discovery process. A judge had previously ruled that the studios are required to provide information about their generative AI usage, but only in cases leading to “consumer-facing” content.
In its recent filing, Midjourney seeks to lift this limitation, arguing that it enables the studios to “cherry-pick” documents that may bolster their market harm claims while withholding those that might aid Midjourney’s defense. The startup contends that the withheld documents could demonstrate whether the studios engage in activities similar to what they are accusing Midjourney of undertaking.
For instance, Midjourney claims that if the studios are developing image-generating AI for internal use in areas like storyboarding for films or television, it would suggest a common industry practice of using unlicensed copyrighted content for training AI. Additionally, Midjourney requests access to all prompts used by the studios in relation to its AI, not just those linked to alleged infringement.
Attorneys for the studios, led by David Singer, have criticized Midjourney’s approach, calling it a “fishing expedition” for documents. Singer emphasized that the studios are not attempting to halt AI development or shut down Midjourney’s operations but aim to ensure that Midjourney does not copy their intellectual property without authorization.
