ARTICLE
12 August 2025

When Mickey Meets Midjourney

E
ENS

Contributor

ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda.
While we are no experts on animation or light sabres, this case is a blockbuster! Both for Intellectual Property law and the future of generative AI.
South Africa Intellectual Property

While we are no experts on animation or light sabres, this case is a blockbuster! Both for Intellectual Property law and the future of generative AI.

Background

Midjourney is an AI company known for generating images based on user prompts. Type in "Spider-Man flying above New York" or "Elsa in a cyberpunk setting," and voila, you get something eerily familiar.

But here's the problem: Disney and Universal claim those results aren't just similar, they are outright copies of their iconic characters. Think Darth Vader, the Minions, Yoda, and Shrek , all allegedly generated without any license, permission, or fair use justification.

The dispute

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* Walt Disney logo


On 12 June 2025, Disney and Universal filed a copyright infringement lawsuit in Los Angeles, calling Midjourney's platform a "bottomless pit of plagiarism." They argue the company scraped billions of copyrighted images from the internet to train its AI without investing a cent in the original works or obtaining proper rights.

Disney's legal chief put it bluntly: "Piracy is piracy, and the fact that it's done by an AI company does not make it any less infringing."

Why this matters

This lawsuit pits two of the world's largest entertainment companies against one of the most prominent AI image generators, and it's not just about Elsa's face or Buzz Lightyear's helmet. It's about the future of copyright law and whether training AI models on copyrighted content without permission is lawful under fair use.

So far, Midjourney has not responded to the suit. But legal commentators suggest the outcome may reshape how AI companies collect data and how creators protect their work. Some AI startups may soon need to retrain their models using only licensed content or risk being shut down.

The takeaway


In the race to develop AI tools, training data is gold. But if that data includes protected content, without license or consent, it could become a legal landmine. Whether you are a startup founder or part of a big studio, this case is a wake-up call: get your copyright house in order before pressing "train."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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