AI Law - International Review of Artificial Intelligence LawCC BY-NC-SA Commercial Licence ISSN 3035-5451
G. Giappichelli Editore

05/07/2026 - Midjourney Seeks Studios' AI Playbooks to Defend Fair Use Claim

argument: Notizie/News - Intellectual Property Law

Source: Engadget

Midjourney requests that Warner Bros. Discovery, Disney and Universal Studios disclose how they use artificial intelligence in their shows and movies, seeking specifics such as AI business plans, research reports, training datasets, model weights and presentations used in board meetings. The studios sued Midjourney last year, alleging copyright infringement for the image generator's ability to produce images of Superman, Batman and other copyrighted characters; Midjourney has argued that training AI on publicly available images constitutes fair use and contends the studios themselves employ similar training practices for their own models.

A magistrate judge in mid‑June allowed the studios to withhold most information about their AI use, permitting disclosure only of information related to "consumer‑facing" AI applications, and Midjourney is now asking the federal court to overturn that order. Litigation publication Mealey's is cited for reporting Midjourney's legal position that the requested evidence is central to its fair use and unclean hands defenses; Midjourney attorney Bobby Ghajar is quoted saying evidence of plaintiffs doing the same conduct they allege against Midjourney "goes to the heart" of those defenses. The dossier notes the federal judge's eventual ruling could influence future cases by setting a precedent on what categories of AI‑related information may be admitted in court.