Warner Bros. Discovery is suing Midjourney for copyright infringement

Warner Bros. Discovery has filed a lawsuit against popular AI image generator Midjourney, accusing it of stealing and exploiting its intellectual properties. The complaint revolves around the AI tool's ability to generate images and videos of Warner Bros.' popular fictional characters, including Superman, Batman, Wonder Woman, Scooby Doo, Bugs Bunny and his friends from Looney Tunes. "Midjourney thinks it is above the law," the company wrote in its lawsuit. It said that the image generator sells a commercial subscription service powered by AI technology that was illegally trained using its copyrighted works. 

The company argued that Midjourney has the technology to prevent users from generating images of the characters it owns. It apparently refused to generate videos based on Warner Bros.' properties when it first launched its video model. But within the past couple of weeks, it allegedly removed those protections and told its users that they would encounter "fewer blocked jobs." The ability to generate Warner Bros.' characters are a clear draw for its subscription service that costs $10 to $120 a month, the media conglomerate said. "It is hard to imagine copyright infringement that is any more willful than what Midjourney is doing here," the plaintiff added. "Midjourney has prioritized and sought to preserve the hundreds of millions of dollars it earns annually from its service by doubling down on its theft of copyrighted works."

In the complaint, the company gave several examples of Midjourney-generated images and video stills next to images and screencaps of its movies and shows. The image above, for instance, shows Midjourney's output from the prompt "Batman, screencap from The Dark Knight." next to actual promotional materials from the Christian Bale-led movie. Further, generic prompts like "classic comic book superhero battle" could lead to output with WB characters even if they're not specifically mentioned. 

Midjourney is already facing a copyright infringement lawsuit filed by Disney and Universal Studios back in June. They accused the AI service of "help[ing] itself to countless" copyrighted works to train its models and for infringing on their copyright by allowing users to generate images of characters from Star Wars, Shrek, The Simpsons and Despicable Me, among other properties. 

Warner Bros. Discovery is now asking the court for statutory damages of "up to $150,000 per infringed work by virtue of Midjourney’s willful infringement." We've reached out to Midjourney and will update this post when we hear back. 

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