By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
Superman just flew into court – not against Lex Luthor, but against Midjourney. Warner Bros. Discovery is suing the AI platform, accusing it of stealing the studio’s crown jewels: Superman, Batman, Wonder Woman, Scooby-Doo, Bugs Bunny, and more.
At first glance, you might shrug. “That’s Warner Bros. vs. Silicon Valley – what does it have to do with my talk media show?” Here’s the answer: everything. If you or your producer are using Midjourney, DALL·E, or Stable Diffusion for logos, promos, or podcast cover art, you’re standing in the same blast radius.
AI Isn’t Neutral Paint
The romance of AI graphics is speed and cost. Need a logo in five minutes? A flyer for a station event? A podcast cover? Fire up an AI tool and you’re done.
But those images don’t come from a blank canvas. They come from models trained on copyrighted works – often without permission. Warner Bros. alleges that Midjourney not only trained on its characters but knowingly let users download knockoff versions.
If Warner wins – or even squeezes a settlement – AI platforms will clamp down. Suddenly, the “free” art you’ve been posting may not just vanish; it may become a liability.
Too Small to Matter? Think Again
Here’s the legal catch: infringement claims don’t scale by size. A podcaster with a Facebook page is just as liable as a network if the artwork copies protected content.
It’s easy to imagine a rival, competitor, or ex-producer spotting an AI-made graphic that looks “too much like” something else – and firing off a takedown. Once that happens, you’re judged not by intent but by what you published.
Unlike FCC guardrails for on-air speech, there’s no regulator to clarify. This is civil court. You versus the claimant – and the billable hours start immediately.
Even Elon Musk Just Got Burned
Neuralink – Elon Musk’s brain-computer startup – just lost its bid to trademark the words “Telepathy” and “Telekinesis.” Someone else filed first.
If Musk’s lawyers can’t secure simple branding terms, what chance does your station or company have if you wait until after launch to file your new show name? Timing isn’t just strategy; it’s survival.
The Playbook
- Audit Your AI Use. Know which graphics and promos are AI-generated, and from what platform.
- File Early. Register show names and logos before the launch hype.
- Budget for Ownership. A real designer who assigns you copyright is safer than a bot with murky training data.
The Bottom Line
AI may feel like a shortcut, but in media law it’s a trapdoor. If Warner Bros. will defend Superman from an AI platform, they won’t ignore your podcast artwork if it looks too much like the Man of Steel.
Big or small, broadcaster or podcaster – if your AI Superman looks like theirs, you’re flying straight into Kryptonite.
Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonMediaLaw.com or read more at TALKERS.com.
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