Tag Archives: copyright

Court Suggests Disney v. Midjourney Go to Mediation

In June, Disney and Universal launched a lawsuit against the AI platform, Midjourney. In their filing, they called it a “bottomless pit of plagiarism” that generates “endless unauthorized copies.” In September, Warner Bros. Discovery, along with its various divisions, also sued Midjourney accusing it of producing, displaying, and distributing “unauthorized derivatives” of its intellectual property including Superman, Wonder Woman, Batman, Bugs Bunny, Scooby-Doo, and more. Those two separate lawsuits were combined in the beginning of November. Now, the judge has asked for the parties involved to mediate their dispute.

A request for mediation before a trial begins isn’t uncommon, as it can prevent a long, dragged out, and costly lawsuit by various parties. With the initial timelines proposed, this one would have gone into 2027. There’s also a possibility a settlement was close and didn’t need a long trial. This is a huge case with a lot riding on it, so the move is a little surprising.

This case is referred to private mediation. Counsel are directed to contact the private mediator of their choice to arrange a date and time for the mediation.

It asks for the mediation proceeding to be completed by August 19, 2026 with a notice of settlement or joint report by August 21, 2026 and then a status conference set for August 31, 2026.

Register of Copyrights informed of Warner Bros. Consolidated Action with Disney and Universal against Midjourney

In September, Warner Bros. Discovery filed a lawsuit against Midjourney. In it, they claim the tech company “brazenly dispenses its intellectual property as if it were its own.” Warner Bros. Discovery is accusing Midjourney of producing, displaying, and distributing “unauthorized derivatives” of its intellectual property including Superman, Wonder Woman, Batman, Bugs Bunny, Scooby-Doo, and more. Warner Bros. Discovery further claims Midjourney is aware of its “breathtaking scope of its piracy and copyright infringement.”

Now, as part of the court proceedings, the Register of Copyright has been informed that the action which was filed on September 4 by Warner Bros. Discovery is now consolidated with the similar case filed by Disney and Universal in June 2025.

In short, they’ve given the Register of Copyrights that the case which was two, is now 1, and the Disney earlier-filed case is the Lead Case with any following filings being only under the lead case.

Not the sexiest or most exciting of filings but important for those paying attention and needing to keep up with what’s going on.

Warner Bros. Discovery Supports Disney and Universal’s actions their Lawsuit against Midjourney

Last week, Disney, Warner Bros. Discovery, and Universal started the court filings to combine their lawsuits against Midjourney, the AI platform. The companies are suing Midjourney for infringement and plagiarism. Disney and Universal filed a lawsuit together in June and then Warner Bros. Discovery filed their own lawsuit in September.

After the initial filing by Disney to combine the cases and form like Voltron, Warner Bros. Discovery has submitted their own statement in support of it and what Disney and Universal have done so far in their case. In October Midjourney responded to the lawsuit in court and the discovery plan was submitted.

While it’s not the sexiest of news, it is a step in what will be a lawsuit that will drag on for a year or two.

Disney, Universal, and Warner Bros. Consolidate their Cases Against Midjourney

In June, Disney and Universal launched a lawsuit against the AI platform, Midjourney. In their filing, they called it a “bottomless pit of plagiarism” that generates “endless unauthorized copies.” In September, Warner Bros. Discovery, along with its various divisions, also sued Midjourney accusing it of producing, displaying, and distributing “unauthorized derivatives” of its intellectual property including Superman, Wonder Woman, Batman, Bugs Bunny, Scooby-Doo, and more. Now, Disney, Universal, and Warner Bros. Discovery have formed a supergroup consolidating their cases.

None of this is surprising, the two court cases are very similar not just in their claims but their arguments as well.

In the filing it says:

Federal Rules of Civil Procedure permits a court to consolidate actions pending before it if those actions involve a “common question of law or fact” and a court may consider several factors that would affect the litigation including the burden on parties, witnesses, judicial resources, the risk of inconsistent adjudications, the potential for prejudice, and the risk of delaying trial”

the Disney/Universal Action and the Warner Bros. Discovery Action involve similar facts and circumstances, share similar causes of action, would require the Court to make similar determinations of law and fact, and as such, satisfy the requirement for consolidation under Rule 42(a)

In short, there’s a lot of overlap and things might get delayed and be hard to juggle since it’s the same defendant and the similar cases. So, to increase efficiency and decrease duplicating work, procedures, and avoiding “inconsistent adjudications,” they’re asking to combine the cases.

There’s some details that need to work out, like discovery.

Check out the joint stipulation below.

Judge Recuses Himself in Warner Bros. vs. Midjourney

In September, Warner Bros. Discovery along with Hanna-Barbera Productions, Turner Entertainment, DC Comics, and The Cartoon Network sued AI startup Midjourney claiming the tech company “brazenly dispenses its intellectual property as if it were its own.” The filing was submitted September 4. The case was assigned to District Judge Percy Anderson and Magistrate Judge Charles F. Eick. Now, one of those judges, Percy Anderson, has recused himself from the case.

The reason in the document is listed as 28 U.S.C. section 455 which is basically a bunch of conflicts like impartiality, personal bias, a financial interest, some connection to the case, and many more.

The case has been reassigned to Judge John A. Kronstadt.

Warner Bros. Discovery is suing Midjourney Over Use of its Property

Warner Bros Discovery Midjourney examples with Wonder Woman

2025 is absolutely going down as the year of the comic related lawsuit. We have Diamond’s chapter 11 along with all of the side suits, then there’s artists suing Cadence Comic Art. Now, Warner Bros. Discovery, along with Hanna-Barbera Productions, Turner Entertainment, DC Comics, and The Cartoon Network are suing AI startup Midjourney claiming the tech company “brazenly dispenses its intellectual property as if it were its own.” The filing was submitted September 4.

In June, Disney and Universal decided to sue Midjourney calling it a “bottomless pit of plagiarism.” In a filing, Warner Bros. Discovery highlighted that case as related.

Warner Bros. Discovery is accusing Midjourney of producing, displaying, and distributing “unauthorized derivatives” of its intellectual property including Superman, Wonder Woman, Batman, Bugs Bunny, Scooby-Doo, and more.

What’s interesting is that Warner Bros. Discovery claims that Midjourney is infringing even if specific characters aren’t mentioned. Using “classic comic book superhero battle” brings up characters like Superman, Flash, and Batman.

Warner Bros. Discovery further claims Midjourney is aware of its “breathtaking scope of its piracy and copyright infringement” but refuses to protect copyright holders.

It is hard to imagine copyright infringement that is any more willful than what Midjourney is doing here. Midjourney is purposefully exploiting Warner Bros. Discovery’s valuable intellectual property to attract subscribers to Midjourney, and it is profiting by providing subscribers with endless copies and derivatives of Warner Bros. Discovery’s Copyrighted Works.

In the filing there’s numerous examples comparing Warner Bros. Discovery’s original art and output by Midjourney and it goes into depth of representatives of the AI company admitting they don’t seek permission to use work protected by copyright as well as its use by individuals posted to various social media sites like Reddit, Instagram, Discord, and more.

Warner Bros. Discovery is seeking damages as well as the court to block Midjourney from copying, displaying, or distributing its intellectual property. It also wants Midjourney to stop offering AI tools without copyright protection measures.

Check out the initial filings below which are packed with examples from Warner Bros. Discovery:

Superman Copyright Lawsuit Gets Dismissed

Justice League Unlimited #9’s Superman Movie Variant Cover by Frank Quitely, publishing on July 23
Justice League Unlimited #9’s Superman Movie Variant Cover by Frank Quitely, publishing on July 23

A lawsuit from the estate of Joe Shuster, the co-creator of Superman, was dismissed by U.S. District Judge Jesse Furman on Thursday. The reason given was that the court doesn’t have the authority over the copyright infringement claim because it was brought under the laws of foreign countries.

On Friday, the lawsuit was refiled in New York state court. The lawsuit from Warren Peary, Shuster’s nephew claims that Warner Bros. lost its international rights to Superman years ago but still used the character without permission or compensation. It seeks a share of the profits in several countries claiming infringement of copyright laws in the U.K., Australia, Canada, Ireland, and more.

Peary’s argument was that under the Berne Convention, the court must apply the laws of countries where his rights to Superman were infringed upon. In the U.K., as an example, copyright assignments are terminated 25 years after the author’s death, so in this case the rights would have been reclaimed in 2017.

DC has “owned” Superman since 1938 when Shuster and Jerry Siegel sold their rights to the character and story for $130. The rights have been a part of multiple litigation starting in 1947 when the duo sued to invalidate DC’s ownership of the rights to Superman. The case was settled with a $94,000 payout. While U.S. copyright law would allow Shuster to typically reclaim his domestic rights, his sister and brother reached a deal with DC in 1992 that terminated that right in exchange for $25,000 a year. A federal appeals court later upheld that deal. But, there’s still a question if Shuster’s sister had the authority to make that deal which hasn’t been determined.

Expect this lawsuit to return like so many of Superman’s villains.

Around the Tubes

The weekend is almost here! What geeky things are you all doing? Sound off in the comments below. While you wait for the weekend to begin, here’s some comic news and a review from around the web to start the day.

ICv2 – Conan, Other Copyrights Headed for Public Domain – Are you getting ready?

Kotaku – Star Wars: The Acolyte Haters Are Trying To Turn Alien Lifespans Into Its Next Big Controversy – It’s seriously a race to be the shittiest “fandoms.”

Review

The Beat – Grand Slam Romance 2

The Acolyte

Marvel settles with the estate of Steve Ditko over character rights

Marvel logo

In June 2023, Marvel settled with Larry Lieber and the estates of Don Heck, Gene Colan, and Don Rico in a copyright battle. A similar fight with the estate of Steve Ditko continued. This past week, that lawsuit was settled as well.

This past Wednesday, attorneys for Marvel and Ditko’s estate notified the court an “amicable settlement” was reached. A dismissal with prejudice is expected to be filed in the coming weeks.

In 2021 Marvel filed lawsuits as a response to copyright notices which would have reverted characters and more created by those artists and writers back to them or their estates. With Ditko settled, that ends all of them.

Ditko’s estate wanted to reclaim rights from numerous comics like Amazing Fantasy and Strange Tales. They also targeted “any character, story element, or indicia reasonably associated.” That would have included characters like Spider-Man and Doctor Strange.

The details of the agreement have not been made public.

Around the Tubes

Superman: Space Age #3

The weekend is almost here! What geeky things are you all doing? Sound off in the comments below. While you wait for the weekday to end and weekend to begin, here’s some comic news and reviews from around the web.

Kotaku – AI Comic Art Gets Copyright Revoked After Office Learns How AI Works – Good!

Comicbook – Crunchyroll Announces Layoffs Following Funimation Merger – As goes mergers.

The Beat – JOCK exhibition announced at the UK’s Panel Gallery this April – Very cool!

Reviews

The Beat – Best of 2000 AD Vol. 2
CBR – Frank Miller Presents: Ronin Book Two #2
CBR – Superman: Space Age #3
Comic Crusaders – The Witcher: The Ballad of Two Wolves #3

« Older Entries