AI-Generated Superman, Batman Spark Warner Bros. Copyright Suit

Warner Bros. Entertainment Inc. is alleging AI image generator Midjourney Inc. copies and distributes unauthorized reproductions of dozens of iconic characters, including Superman, Batman and Bugs Bunny, in a new copyright infringement lawsuit.

The entertainment firm claims Midjourney’s eponymous bot, which generates images and videos from text prompts, was trained on copyrighted content without Warner Bros.’ consent. The bot allows users to reproduce the protected characters with prompts like ‘Superman flying over Metropolis with his arms outstretched, animated 2d cartoon’ or ‘Batman, 1960s DC comic strip character’, according to the complaint filed in the US District Court for the Central District of California.

The case marks at least the second major copyright lawsuit against Midjourney by Hollywood studios this year, following Walt Disney Co. and Universal’s complaint in the same California federal court over protected video content. Warner Bros. argues that Midjourney at least temporarily blocked video generation of certain copyright characters following the Disney and Universal complaint.

“Midjourney is the quintessential copyright free-rider and a bottomless pit of plagiarism,” the company said in its complaint. “Piracy is piracy, and whether an infringing image or video is made with AI or another technology does not make it any less infringing.”

Midjourney’s prompts yield replicated images of Warner Bros.’ copyrighted works, complete with “detailed” and “distinctive” costumes and poses, according to the 87-page complaint splashed with examples of alleged infringement. Midjourney didn’t immediately respond to a comment request.

Central to the dispute is Warner Bros.’ claim that Midjourney can prevent copyright infringement but, “has chosen not to.” The complaint points to Midjourney’s existing content moderation system, which blocks certain violent or sexual content, arguing the company could similarly screen for copyrighted characters.

The lawsuit points to San Francisco-based Midjourney’s 2024 revenue, which reached $300 million three years after its founding in 2021, with nearly 21 million users as of September 2024. Warner Bros. argues that Midjourney’s swift success stems from its ability to generate popular, copyrighted characters using the site’s features to “prominently” display those images.

Warner Bros. alleges both direct and secondary copyright infringement, claiming Midjourney copied its works during the AI training process and continues to reproduce and distribute the images through its subscription service. The complaint seeks maximum statutory damages up to $150,000 per infringed work, and an injunction requiring Midjourney to protect the characters from further infringement.

The case comes a day before Anthropic PBC is slated to disclose the scope of the first-ever settlement over alleged infringement of millions of copyrighted books used to train its bot. The company settled after estimated damages soared following a federal judge’s order for class certification. Santa Clara Law Professor Edward Lee said damages could’ve topped $900 billion if a jury found infringement was willful.

The case is Warner Bros. Entertainment Inc. v. Midjourney, Inc., C.D. Cal., 25-cv-08376, 9/4/25