Disney Partnership Under the Microscope
OpenAI and Disney revealed last month a three-year partnership that lets Sora users generate AI videos featuring more than 200 characters from Disney, Marvel and Pixar. As part of the arrangement, Disney agreed to make a $1 billion equity investment in OpenAI and become a major customer of the company’s technology, according to public statements.
The authors argue the deal also suggests OpenAI “knew or should have known” that rightsholder consent was required to use copyrighted content in building generative AI systems — a point they say cuts against OpenAI’s defenses.
They further maintain the agreement bears on whether OpenAI’s use of copyrighted works was commercial in nature, another critical factor in the fair-use test.
Discovery Dispute Escalates
According to the filing, OpenAI’s lawyers had not reviewed the Disney agreement as of Friday, despite the plaintiffs requesting details on Dec. 22. The delay, the authors said, hampered efforts to resolve the dispute without court intervention.
OpenAI’s counsel referred questions to the company, which did not immediately respond to requests for comment Tuesday. Lawyers for the authors also declined to comment.
The writers acknowledged they do not yet know whether the Disney deal includes a release of any existing copyright claims Disney might hold against OpenAI for textual works. Even so, they argued, the negotiation and final terms remain “highly relevant,” even if the agreement focuses on characters and video outputs rather than books.
