The suit notes that a video-game designer named Jason Allen last year won a Colorado State Fair competition with art created using Midjourney.
The San Francisco Ballet, meanwhile, caused a stir by using Midjourney to generate illustrations used in promotional material for “Nutcracker” performances in December. Mr Mostaque has said that if people choose to use generative AI unethically or to break the law, “that’s their problem.”Companies defending themselves from artists’ copyright claims are likely to claim “fair use,” an exception sometimes allowed when a new spin is put on a creation or when it is only briefly excerpted.