Published on: 12 June 2025
Published by a Law360 reporter
The pair of entertainment powerhouses told the court they had directed Midjourney Inc to cease exploiting their intellectual property, yet the firm allegedly disregarded letters and outreach. Rather than comply, Midjourney is said to have escalated its unlawful behaviour and even hinted at a forthcoming AI video product, according to Disney and Universal.
The complaint asserts that the plaintiffs asked Midjourney to halt infringement of their copyright-protected works and, at minimum, to implement technical safeguards—like those used by other AI platforms—to stop generating infringing content. But Midjourney, which has drawn millions of subscribers and reportedly took in US$300m last year, is portrayed as prioritising profit and ignoring the plaintiffs’ requests.
Based in San Francisco, Midjourney charges users for access to its website and image tool, which the filing says was developed using copyright-protected material, including those owned by Disney, Universal and their subsidiaries. The service allegedly functions by reproducing and supplying users with infringing copies and derivatives of those works. For instance, if a Midjourney subscriber enters a straightforward prompt seeking an image of Darth Vader in a certain scene or performing a specific action, the system will produce and show a high-quality, downloadable image featuring Disney’s copyright...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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