Film studios are facing potential copyright infringement issues with the rise of AI image generators, which can create near-exact replicas of frames from movies. The generators, powered by advanced AI algorithms, can replicate various animation styles and produce hyper-realistic graphics based on text prompts. For example, an AI program called Midjourney can generate images of characters like Thanos from “Avengers: Infinity War” and Tom Cruise in “Top Gun: Maverick.” These AI tools are borrowing heavily from studios’ intellectual property, raising concerns about the unauthorized usage of copyrighted materials.
A recent study conducted by AI researcher Gary Marcus and concept artist Reid Southen has shed light on the potential grounds for copyright infringement lawsuits in the visual domain. Legal experts consulted by The Hollywood Reporter have stated that the AI models used in these image generators likely relied on entire films, trailers, and promotional stills as training data. This indicates a clear case of using copyrighted materials without permission and raises the possibility of compelling copyright infringement suits against AI companies.
However, existing lawsuits against AI companies have faced challenges due to the opacity of AI models. The training materials used to create AI chatbots and image generators are not widely known, making it difficult to prove specific instances of copyright infringement. Plaintiffs can only point to the output generated by the AI models, which may be similar to the copyrighted works but cannot provide concrete evidence of direct copying. This challenge has been acknowledged by multiple courts and has become a significant hurdle in pursuing legal action against AI companies.
To address these concerns, experts suggest the need for a pre-lawsuit process to determine if copyrighted material has been copied. The New York Times’ recent lawsuit against OpenAI and Microsoft is a notable example, as it presented extensive evidence of the tools copying word-for-word excerpts of articles. This case highlights the importance of establishing a clear process to assess copyright infringement before filing a lawsuit.
As film studios grapple with the potential misuse of their intellectual property, negotiations with AI companies for licensing deals and monitoring ongoing legal cases will likely shape their future actions. The proliferation of AI image generators raises questions about the boundaries of copyright protection in the digital era and the need for robust safeguards to protect original creative works.