AI startup Midjourney is asking a federal judge to compel Disney, Universal, and Warner Bros. to disclose how they use generative AI internally, arguing that the studios may be doing exactly what they are suing Midjourney for. The request comes as part of an ongoing copyright infringement lawsuit filed by the studios in 2024.
What Midjourney is asking for
In a recent court filing, Midjourney seeks to overturn a previous ruling that limited the studios’ document production to only those materials related to “consumer-facing” AI-generated videos and images. The startup argues that this restriction “unfairly” allows the studios “to cherry-pick only those documents they believe support their market harm claims while depriving Midjourney of documents that would support its defenses.”
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Specifically, Midjourney wants the studios to reveal all prompts they have used in Midjourney’s own system, as well as the resulting outputs—not just the prompts that produced the allegedly infringing images. The startup contends that if the studios are developing image-generating AI models “for internal use in storyboarding or ideating content for film or TV, that evidence would equally demonstrate that it is an industry custom, even among the studios themselves, to download and train AI on unlicensed copyrighted content.”
The studios’ position
The studios’ lead attorney, David Singer, has described Midjourney’s request as a “fishing expedition.” Singer previously stated that the studios “do not seek to stop AI technology or even shut down Midjourney’s business,” but rather “simply want Midjourney to stop copying their movies and TV shows and to stop distributing, publicly displaying, publicly performing, and creating derivative works that include copies of [their] famous characters without authorization.”
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Disney and Universal initially sued Midjourney last year, alleging that the startup’s image-generation models could create images of characters such as Bart Simpson and Darth Vader, who are owned by the studios. Warner Bros. filed a separate lawsuit a few months later. Midjourney has argued that training its AI models on images of copyrighted characters is permitted under fair use.
What this means for the broader AI copyright debate
The case has become a flashpoint in the broader legal debate over whether training AI on copyrighted material constitutes infringement or fair use. If Midjourney succeeds in obtaining the studios’ internal AI usage data, it could set a precedent for discovery in similar cases. Legal experts note that the outcome may influence how other AI companies and content owners approach copyright disputes.
The judge has not yet ruled on Midjourney’s latest request. A decision is expected in the coming weeks.
Frequently Asked Questions
Why is Midjourney asking the court to force Hollywood studios to disclose their AI usage?
Midjourney argues that the studios may be using AI to train on copyrighted content internally, which would support its claim that such use is an industry custom and therefore protected under fair use. It wants access to documents showing how the studios use generative AI.
What is the current status of the legal dispute between Midjourney and the studios?
Disney and Universal sued Midjourney in 2024 for copyright infringement, alleging its models can generate images of characters like Bart Simpson and Darth Vader. Warner Bros. later filed a similar lawsuit. A judge has ruled the studios must provide some AI-related documents, but Midjourney is challenging the scope of that ruling.
What does Midjourney hope to gain from the discovery process?
Midjourney wants to see the studios’ internal AI prompts and outputs, arguing that if the studios are also training AI on copyrighted material for internal use, it would undermine their claim of market harm and support Midjourney’s fair-use defense.
