Pryor Cashman Partner Joshua Weigensberg, a member of the Litigation and Media + Entertainment Groups, was quoted in Variety discussing the implications of Disney and Universal v. Midjourney—a high-profile copyright infringement lawsuit that could reshape how generative AI is treated under U.S. copyright law.
Josh underscored the groundbreaking nature of the case, especially in its focus on iconic characters rather than specific works:
"This shouldn't be misunderstood as a case that's just about images. This is really a case about distinctive original characters as the protected IP that's been infringed. ... This is a case about Darth Vader and Homer Simpson and Elsa."
He also explained how this legal strategy may shape the proof of infringement that is offered, as the plaintiffs won't need to identify a one-to-one image match:
"You don't necessarily have to point to any one image of Homer Simpson that has been replicated because the allegation is that the character has been copied."
Josh further noted that by including examples of outputs that clearly resemble well-known IP, the plaintiff-movie studios have made it more difficult for Midjourney to claim fair use:
"When the output is so recognizable and indistinguishable from well-known copyrighted characters, it would seem to make it harder for AI companies to claim their model's output is transformative."
The Disney v. Midjourney suit marks the first time a Hollywood studio has brought a case involving image and video generation and the unauthorized use of original characters—adding weight to growing concerns about generative AI's impact on creative industries.
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