The Wild West of copyrighted characters in AI may be coming to an end. There has been legal wrangling over the role of copyright in the AI era, but the mother of all legal teams may now be gearing up for a fight. Disney has sent a cease and desist to Google, alleging the company’s AI tools are infringing Disney’s copyrights “on a massive scale.”
According to the letter, Google is violating the entertainment conglomerate’s intellectual property in multiple ways. The legal notice says Google has copied a “large corpus” of Disney’s works to train its gen AI models, which is believable, as Google’s image and video models will happily produce popular Disney characters—they couldn’t do that without feeding the models lots of Disney data.
The C&D also takes issue with Google for distributing “copies of its protected works” to consumers. So all those memes you’ve been making with Disney characters? Yeah, Disney doesn’t like that, either. The letter calls out a huge number of Disney-owned properties that can be prompted into existence in Google AI, including The Lion King, Deadpool, and Star Wars.
The company calls on Google to immediately stop using Disney content in its AI tools and create measures to ensure that future AI outputs don’t produce any characters that Disney owns. Disney is famously litigious and has an army of lawyers dedicated to defending its copyrights. The nature of copyright law in the US is a direct result of Disney’s legal maneuvering, which has extended its control of iconic characters by decades.
While Disney wants its characters out of Google AI generally, the letter specifically cited the AI tools in YouTube. Google has started adding its Veo AI video model to YouTube, allowing creators to more easily create and publish videos. That seems to be a greater concern for Disney than image models like Nano Banana.
Google has said little about Disney’s warning—a warning Google must have known was coming. A Google spokesperson has issued the following brief statement on the mater.
“We have a longstanding and mutually beneficial relationship with Disney, and will continue to engage with them,” Google says. “More generally, we use public data from the open web to build our AI and have built additional innovative copyright controls like Google-extended and Content ID for YouTube, which give sites and copyright holders control over their content.”
Perhaps this is previewing Google’s argument in a theoretical lawsuit. That copyrighted Disney content was all over the open internet, so is it really Google’s fault it ended up baked into the AI?
Content silos for AI
The generative AI boom has treated copyright as a mere suggestion as companies race to gobble up training data and remix it as “new” content. A cavalcade of companies, including The New York Times and Getty Images, have sued over how their material has been used and replicated by AI. Disney itself threatened a lawsuit against Character.AI earlier this year, leading to the removal of Disney content from the service.
Google isn’t Character.AI, though. It’s probably no coincidence that Disney is challenging Google at the same time it is entering into a content deal with OpenAI. Disney has invested $1 billion in the AI firm and agreed to a three-year licensing deal that officially brings Disney characters to OpenAI’s Sora video app. The specifics of that arrangement are still subject to negotiations.
The launch of the Sora app earlier this year was widely derided by the entertainment industry, but that’s nothing a little money can’t solve. OpenAI required copyright owners to opt out of having their content included in the service, but it later reversed course to an opt-in model. The Disney deal is OpenAI’s first major content tie-in for AI.
Meanwhile, Google’s AI tools don’t pay any mind to copyright. If you want to create images and videos with The Avengers, Super Mario, or any other character, Google doesn’t stand in your way. Whether or not that remains the case depends on how Google responds to Disney’s lawyers. There’s no indication that Disney’s licensing deal with OpenAI is exclusive, so it’s possible Google and Disney will reach an agreement to allow AI recreations. Google could also choose to fight back against this particular interpretation of copyright.
Most companies would channel Character.AI and avoid a fight with Disney’s lawyers, but Google’s scale gives it more options. In either case, we could soon see the AI content ecosystem become a patchwork of content silos not unlike streaming media. If you want to generate an image featuring Moana, well, you’ll need to go to OpenAI. If a DC character is more your speed, there may be a different AI firm that has a deal to let you do that. It’s hard to know who to root for in a battle between giant AI firms and equally giant entertainment companies.
Updated 12/11 with statement from Google.
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