Following the growing trend of AI-centered lawsuits, Warner Brothers Entertainment has teamed up with Disney and Universal Studios in a copyright infringement lawsuit against Midjourney, an artificial intelligence-based image generation platform, who the three powerhouse studios argue has infringed on their protected copyrighted works.
Media Powerhouses Make a Stand
From Batman and Bugs Bunny to Superman and Scooby-Doo, Warner Brothers owns some of the most widely recognized copyrighted characters in America. Warner Brothers properties span nearly a century of pop culture and continue to top charts, with this summer’s “Superman” well on its way to ranking as one of the most popular and best-grossing films of 2025.
Now, Warner Brothers is following in the footsteps of Disney (of “The Avengers”, “Star Wars” and “Frozen) and Universal Studios (of “The Simpsons”, “Shrek” and “Despicable Me”), who filed a joint lawsuit against Midjourney in June alleging the AI service infringes on Disney and Universal’s copyrighted works in two ways. First, by training its AI model on the plaintiffs’ copyrighted works with the intent of creating a service that could produce “faithful, high-quality” reproductions of those works, and second, by allowing and even encouraging users to generate infringing images containing the plaintiffs’ copyrighted characters.
What Do Warner Bros, Disney & Universal Want out of their Lawsuits?
Warner Brothers filed its own lawsuit on September 4, which largely echoed Disney and Universal’s argument that Midjourney infringes in both the training and output of its AI. Both lawsuits also allege that Midjourney has the ability to prevent its users from generating infringing content featuring copyrighted characters. According to Warner Brothers, however, Midjourney recently removed what limited safeguards it had in place, and now freely allows users to generate infringing images and even short videos featuring copyrighted characters.
In response to Disney and Universal, Midjourney asserted that the fair use defense (a four-factor analysis that protects the limited use of copyrighted material without the copyright owner’s permission applies at least to the training of its AI on copyrighted material, and it is expected to argue the same in response to Warner Brothers’ additional suit. While one court has ruled that the training of AI on copyrighted works can qualify as fair use in some circumstances, the question remains far from settled. Will Warner Brothers, Disney and Universal be the ones to put an end to this fight, once and for all?
Final Takeaways
While Warner Brothers has taken a decisive step towards enforcing its protected copyrights, the intersection between AI and copyright law remains murky as courts continue to hear claims based on both the training and output of AI services. Whether either of these activities may count as “fair use” is a hotly debated topic, and further clarity is needed from the courts on where they draw the line.
Looking ahead, businesses and copyright owners alike should remember that the fair use defense will never result in a one-size-fits-all shield to wield in court. But, as copyright litigation heats up in this emerging industry, businesses can assemble their own “Justice League” of legal strategies to protect their interests, including the proactive enforcement of their copyrights and trademarks. And, if you have questions about enforcing your intellectual property rights, remember to reach out to your friendly neighborhood business law firm.
Have questions about how your business might be impacted by ongoing litigation over AI and copyright? Reach out to our team today!
Cala Dossey is an Associate Attorney at Berenzweig Leonard. She works on a range of matters, including employment law and government contracts. She can be reached at cdossey@berenzweiglaw.com or (703) 914-3397.