First Major Studio Lawsuit Against AI
We knew this was just a matter of time. It will be interesting to see what the courts do with this.
Disney and NBCUniversal filed a suit this week against Midjourney, an AI startup that allows its customers to create images, including copies of Disney and NBCUniversal characters.
In the lawsuit, they claim that there are “hundreds, if not thousands, of images generated by its Image Service at the request of its subscribers that infringe on Plaintiffs’ Copyrighted Works”
“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. Piracy is piracy, and whether an infringing image or video is made with AI or another technology does not make it any less infringing. Midjourney’s conduct misappropriates Disney’s and Universal’s intellectual property and threatens to upend the bedrock incentives of U.S. copyright law that drive American leadership in movies, television, and other creative arts.”
While I don’t know what their defense is going to be, I suspect it will be along the lines of “we are just a platform and we didn’t do any infringing.”
One thing that could be a challenge for Midjourney is this. The lawsuit claims that Midjourney’s website contained copyrighted works. They could remove them now, but that would not really reduce the infringement aspect of the lawsuit.
This is the future of AI. Create me a picture of ……….. and a few seconds later, you have one.
If you can imagine it, it probably can create it.
And, of course, pictures are only the start; videos are next.
It is not clear as to how the courts will rule on this, but it will take a long time for the courts to sort this out, considering appeals, probably up to the Supreme Court.
That assumes that the courts even have a way to figure this out.
One thing that makes this dicey for Midjourney and others is that it is a separate crime to aid or encourage others to commit copyright infringement. That also could be a problem for Midjourney.
Also it is unclear if the studios want to make a point here. Everyone could settle OR, if the studios prevail, they could force Midjourney to declare bankruptcy. If they declare bankruptcy and the court approves it, then Midjourney loses control of their company.
Expect this to be the first of many similar lawsuits. Credit: MSN
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