Midjourney wants Hollywood studios to reveal the details of their AI usage
Digital Frontier EditorialJuly 4, 20265 min read
Key Takeaways
Midjourney is demanding Hollywood studios disclose their own AI usage in discovery, arguing the studios may be doing exactly what they're suing Midjourney for.
A judge previously limited discovery to "consumer-facing" AI outputs, but Midjourney wants internal usage included — storyboarding, ideation, model training.
The studios claim they only want Midjourney to stop copying characters; Midjourney calls this hypocrisy if studios train on unlicensed content themselves.
The case could establish whether industry custom around AI training undermines copyright infringement claims.
Midjourney just called Hollywood's bluff. The AI startup, sued by Disney, Universal, and Warner Bros. for allegedly infringing character copyrights, wants the studios to show their work — all of it.
The studios claim Midjourney's models illegally swallow Bart Simpson and Darth Vader, then spit them back out on demand. Midjourney counters that this is fair use. Now the fight has shifted to discovery, and Midjourney smells blood.
A judge already ruled the studios must cough up documents about their generative AI usage — but only for "consumer-facing" videos and images. Midjourney wants that restriction gone. Their latest filing argues the limitation lets studios "cherry-pick only those documents they believe support their market harm claims while depriving Midjourney of documents that would support its defenses."
Translation: show us the internal storyboards. The concept art. The models you're training behind closed doors.
Midjourney's argument is surgical. If studios are building image generators for storyboarding or ideation — feeding them unlicensed copyrighted content — then the industry itself treats this as standard practice. Custom cuts both ways. You can't sue someone for doing what you do in your own writers' rooms.
The startup also wants every prompt the studios ever typed into Midjourney, plus every output. Not just the ones producing allegedly infringing images. All of them. The studios' lawyer, David Singer, calls this a "fishing expedition." He says the studios "do not seek to stop AI technology or even shut down Midjourney's business" — they just want the copying to stop.
That distinction rings hollow if the studios are copying too.
The hypocrisy trap
Hollywood has spent decades aggressive about intellectual property. They've sued file-sharers, fan-fiction writers, YouTube creators. They lobby for copyright term extensions. They treat IP as sacred.
But AI changes the calculus. Studios need content fast. They need concept art yesterday. They need storyboards before the greenlight meeting. An internal model trained on their own libraries — plus whatever else scrapes cleanly — solves expensive problems.
Midjourney is betting the studios have already crossed that line. The filing puts it plainly: the withheld documents "would reveal whether, behind closed doors, they are doing exactly what they are suing Midjourney for doing."
If true, the lawsuits become performative. Theater. The studios aren't protecting principle — they're protecting monopoly. They want the right to train on everything, but they want to deny that right to everyone else.
Discovery as endgame
This is where the case actually lives now. Not in fair use theory. In document production.
The "consumer-facing" limitation the judge imposed creates a loophole big enough for a studio lot. Internal tools stay hidden. R&D stays private. The very evidence that would prove industry custom — or expose studio hypocrisy — remains sealed.
Midjourney knows this. Their motion to compel is the whole ballgame. Win discovery, and the fair use argument gets empirical ammunition. Lose it, and the studios control the narrative.
Singer's "fishing expedition" framing is standard defense attorney theater. But courts hate asymmetry. If plaintiffs demand discovery from defendants while shielding their own comparable conduct, judges notice. The motion puts the judge in a bind: either expand discovery or explain why the studios get a pass.
The precedent nobody wants
A ruling for Midjourney on discovery doesn't decide the case. But it creates a fact pattern that could haunt copyright holders for years.
Imagine the deposition transcripts. Studio executives explaining why their internal AI training on copyrighted material is different from Midjourney's. Imagine the emails. "Can we feed the Marvel library into the storyboard model?" "Legal says only if it never leaves the building."
That evidence doesn't just help Midjourney. It helps every AI company sued for training on copyrighted work. It establishes a record: the biggest rights holders in media treat unlicensed training as business as usual.
The studios know this. That's why they're fighting the scope of discovery so hard. They're not protecting Bart Simpson. They're protecting the precedent.
What happens next
The judge will rule on the motion to compel. If Midjourney wins, the studios face a choice: produce the documents or settle. If the judge upholds the limitation, Midjourney fights the fair use battle with one hand tied.
Either way, the subtext has surfaced. Hollywood wants AI regulated — for everyone else.
The studios' public position is reasonable on its face: stop copying our characters. But their private behavior may tell a different story. Midjourney just forced that story into the light.