Midjourney responds to Disney and Universal lawsuit, cites fair use in AI copyright case

AI company Midjourney has formally responded to the lawsuit filed in June by Disney and Universal, which accuses the generative AI image platform of copyright infringement. The case is the first brought by major Hollywood studios over AI-generated imagery.

Disney and Universal allege that Midjourney used unauthorised copies of intellectual property, including characters from Shrek, Despicable Me, Star Wars and the Marvel Cinematic Universe, to train its AI models. They claim the company benefits from reproducing, displaying, and distributing these works without permission.

In a filing submitted on August 6, Midjourney argued that its actions fall under fair use. The company’s legal team stated, “Copyright law does not confer absolute control over the use of copyrighted works… Training a generative AI model… is a quintessentially transformative fair use – a determination resoundingly supported by courts.”

Midjourney also alleged that the studios themselves have benefited from generative AI tools. The filing claimed that “many dozens” of subscribers use corporate email addresses linked to Disney and Universal, and that visual effects companies working for the studios use Midjourney.

Quoting Disney CEO Bob Iger, the filing noted his statement that “technology is an invaluable tool for artists,” adding that generative AI should be treated the same way.

The company further argued that only a small fraction of the billions of images used for AI training contain material from the plaintiffs’ films and shows. It accused the studios of trying to “have it both ways” by profiting from AI while challenging its methods.

Midjourney is denying any wrongdoing and has requested a jury trial on all claims.