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Disney is ramping up its legal fight against AI companies that use its copyrighted characters without permission.

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According to Disney’s chief legal officer Horacio Gutierrez, the company’s recent lawsuit against the image generator Midjourney marks only the beginning of a broader campaign to defend its intellectual property in the world of generative AI.

Disney specifically targeted Midjourney for its first lawsuit after the startup ignored repeated requests to remove content featuring characters like Darth Vader. While Midjourney is much smaller than major AI firms such as OpenAI or Google, Disney wanted to establish a legal precedent before going after larger players. Other studios, including Paramount Global and Warner Bros. Discovery, were reportedly focused on internal restructuring, while Netflix and Amazon are pursuing other strategies and did not join the initiative. Comcast, the parent company of NBCUniversal, decided to participate in the lawsuit.

Disney’s two-pronged approach: lawsuits and partnerships

Unlike in the early days of the internet, when Hollywood mostly fought new technology, Disney is now taking a two-pronged approach: filing lawsuits against AI firms while also exploring partnerships. The company is already in talks with OpenAI about possible collaborations, and it licensed the voice of Darth Vader for a chatbot in the video game “Fortnite.” Gutierrez told Bloomberg the company can’t afford to repeat past mistakes.

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There’s a sense of urgency behind the campaign. With the Trump administration favoring the tech industry in its competition with China, entertainment executives fear the government may side with Big Tech over content creators, Bloomberg notes.

Gutierrez says Disney’s goal is to “preserve our right to authorize if, under what conditions, and by whom our IP and characters are commercialized.” The company is pushing for legal clarity before courts and Congress spend years hashing out standards for “fair use” in AI training.

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Summary
  • Disney has launched a lawsuit against the AI image generator Midjourney for using its copyrighted characters without permission, signaling the start of a larger effort to protect its intellectual property as generative AI spreads.
  • The company chose to target Midjourney first to set a legal precedent before considering legal action against bigger AI firms, while other studios like Paramount and Warner Bros. have not joined the lawsuit due to internal priorities; NBCUniversal's parent company Comcast is participating.
  • Alongside the legal action, Disney is also exploring partnerships with AI companies and has licensed character voices for projects like a Fortnite chatbot, as it seeks to clarify who can use its IP amid concerns that the government may favor tech companies over content creators.
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Max is the managing editor of THE DECODER, bringing his background in philosophy to explore questions of consciousness and whether machines truly think or just pretend to.
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