Midjourney seeks broader access to Hollywood studio internal AI usage data in copyright lawsuit

1. Ongoing Legal Dispute

Midjourney is currently involved in copyright infringement lawsuits filed by Disney, Universal, and Warner Bros. The studios allege that the startup’s image-generation models improperly use their intellectual property, such as famous characters like Superman, Batman, and Darth Vader. Midjourney maintains that its training methods are protected under the doctrine of fair use.

2. Discovery Process Disagreements

The current legal conflict centers on the discovery process, specifically regarding what internal documentation the studios must disclose. A judge previously ruled that the studios are required to provide information concerning their own generative AI usage, but limited this requirement to projects resulting in consumer-facing images or videos. Midjourney is now challenging this limitation, arguing that it prevents the company from accessing evidence that could support its legal defenses.

3. Arguments for Disclosure

In a recent court filing, Midjourney argued that the studios are withholding documents that could reveal if they are using AI internally for tasks like storyboarding or content ideation. The startup contends that if the studios are training their own AI models on unlicensed copyrighted content, it would demonstrate that such practices are an industry custom. Additionally, Midjourney is seeking access to all prompts and outputs generated by the studios using its platform, rather than only those related to the alleged infringement. Counsel for the studios has characterized these requests as a fishing expedition, reiterating that their goal is to stop the unauthorized use of their intellectual property rather than to halt AI technology entirely.