Ain’t AI a stinker? Warner Bros sues Midjourney for creating copyrighted characters

Warner Bros. has filed a lawsuit against Midjourney, an AI image generator, accusing the platform of willfully creating copyrighted images and videos of its characters including Superman, Batman, Bugs Bunny, and Tom and Jerry. The lawsuit marks the third major studio legal challenge against Midjourney, following similar cases from Disney and Universal in June, as Hollywood studios escalate their battle against AI platforms they claim are profiting from unauthorized use of their intellectual property.

What you should know: Warner Bros. alleges that Midjourney recently removed safety guardrails that previously blocked users from creating videos that infringe on studio IP.

• The lawsuit claims Midjourney “brazenly dispenses Warner Bros. Discovery’s intellectual property as if it were its own” without consent or authorization.
• Users can easily prompt the service to generate infringing content featuring characters like the Joker, Flash, Scooby-Doo, and other copyrighted properties.
• Warner Bros. was initially approached to join the Disney-Universal lawsuit earlier this year but declined at that time.

Why this matters: Midjourney has since launched new video services and a 24/7 streaming channel, potentially positioning itself as a direct competitor to traditional entertainment companies.

• The lawsuit suggests Midjourney’s discussion of adding “channels” indicates an “intent to expand into the traditional television or streaming markets.”
• This escalation comes as AI-generated content becomes increasingly sophisticated and accessible to mainstream users.

Legal strategy: Warner Bros. is using the same legal team and template as the Disney-Universal case, seeking both statutory damages and an injunction to block further copyright infringement.

• The studios argue that Midjourney could continue operating while implementing protections against IP violations.
• All three lawsuits maintain that the platform “has made a calculated and profit-driven decision to offer zero protection for copyright owners.”

Midjourney’s defense: The AI company has previously argued that training on copyrighted material falls under “fair use” protections.

• Midjourney contends that users are bound by terms of service that prohibit violating intellectual property rights.
• The company’s lawyers have accused studios of hypocrisy, claiming they want to restrict “industry standard” AI practices while simultaneously seeking to profit from AI technology themselves.

What they’re saying: “Midjourney thinks it is above the law,” the Warner Bros. lawsuit states.

• The complaint emphasizes that “Midjourney knows about the breathtaking scope of its piracy and copyright infringement” but continues operating without adequate safeguards.