Mickey Mouse Vs Machine: Disney Sues AI Firm Over 'Endless Bootlegs' Of Its Beloved Characters

The whimsical world of Disney, home to cherished characters like Mickey Mouse, is clashing with the cutting edge of artificial intelligence. As digital mimicry becomes increasingly sophisticated, the entertainment giant finds itself in a legal battle, aiming to protect its iconic creations from what it alleges are widespread, unauthorised reproductions generated by an AI firm.

Disney and Universal are taking legal action against AI image generator Midjourney, marking Hollywood's first major court battle against an artificial intelligence company. Midjourney, a leading AI image generator, allows users to produce realistic-looking pictures from a text command in mere seconds.

The Landmark Legal Challenge

According to a complaint filed on Wednesday in a California federal court, the film studios claim Midjourney trained its AI models using their intellectual property and created images depicting their well-known characters, breaching copyright law.

In their complaint, the studios describe Midjourney as a 'virtual vending machine' and 'bottomless pit of plagiarism' that produces 'endless unauthorised copies of Disney's and Universal's copyrighted works.'

Most major, publicly accessible AI models frequently learn from vast collections of online data, like pictures and videos, without seeking consent. Consequently, artists, authors, musicians, and Hollywood actors have also voiced worries about their creations or appearances being used to train generative AI tools, potentially leading to their replacement.

While Midjourney and other AI companies faced a separate copyright infringement lawsuit from visual artists in 2023 – a case they've tried to dismiss but which is currently in discovery – Wednesday's legal action marks the first instance of major Hollywood studios suing an AI firm.

Midjourney's Technology and Allegations

The lawsuit highlights examples where Midjourney readily produced well-known Universal and Disney figures, such as Star Wars characters, Bart Simpson, Shrek, Ariel from 'The Little Mermaid', Wall-E, and the minions from 'Despicable Me.' Interestingly, Midjourney is still mum on the matter.

However, in its defence against the 2023 lawsuit, Midjourney contended that any single image generated by AI represents 'an infinitesimal fragment of a model's training, just as each visual (every face, sunset, painting) an artist has ever perceived, and every text a writer has ever read comprises a tiny fraction of the content and imagery that inform their imagination.'

Disney's Stance on AI and Piracy

However, Disney's legal team states that their lawsuit centres on straightforward copyright infringement. 'We are bullish on the promise of AI technology and optimistic about how it can be used responsibly as a tool to further human creativity,' Horacio Gutierrez, Disney's senior executive vice president and chief legal and compliance officer, said in a statement to CNN.

'But piracy is piracy, and the fact that it's done by an AI company does not make it any less infringing,' the top executive added. The Motion Picture Association also expressed its views on the lawsuit that Wednesday, with Chairman and CEO Charles Rivkin asserting that copyright protection forms' the backbone of our industry.'

'A balanced approach to AI that both protects intellectual property and embraces responsible, human-centred innovation is critical for maintaining America's global leadership in creative industries,' Rivkin said in a statement.

Disney and Universal assert that Midjourney boasts 21 million subscribers and generated $300 million (£220.71 million) in revenue last year.

According to the complaint, Disney and Universal had previously requested Midjourney halt any alleged infringement or implement technology that would prevent users from creating images featuring their intellectual property, but the company 'ignored' these appeals.

Existing Protections and Missed Opportunities

The complaint highlights that 'Midjourney already has in place technological measures to prevent its distribution and public display of certain images and artwork such as violence or nudity.' It further notes that 'other AI image- and video-generating services have instituted copyright protection measures that recognise and protect the rights of content creators like Disney and Universal.'

The complaint from Disney and Universal outlines their demand for $150,000 (£110369.25) for each infringed work, alongside an order to prevent Midjourney from future copyright violations, among other forms of compensation.

With an exhibit to the complaint listing over 150 works allegedly infringed, the potential damages from the lawsuit, should the studios prevail, could exceed $20 million (£14.72 million).