Warner Bros. Discovery has escalated its battle against artificial intelligence misuse by issuing a sharply worded cease-and-desist letter to TikTok parent company ByteDance, accusing the tech giant of blatant copyright infringement through AI-generated videos featuring iconic characters like Batman and Superman. The letter, sent on Tuesday, comes amid a growing industry backlash against AI tools that remix copyrighted content without permission, joining similar actions from Disney and Paramount.
In the letter, Warner Bros. Discovery's legal chief, Wayne M. Smith, addressed ByteDance's global general counsel, John Rogovin, with a personal edge, noting Rogovin's past role at the studio. Rogovin, who served as Warner Bros.' general counsel until resigning in 2022 shortly after the merger of Warner Bros. and Discovery under CEO David Zaslav, was reminded of his former responsibilities. “Given your history with Warner Bros., you understand the importance and value of Warner Bros. Discovery’s copyrighted works, including the famous copyrighted characters like Superman and Batman that you spent much of your career protecting,” Smith wrote. “These characters are the lifeblood of the company.”
Smith's message didn't stop at nostalgia; it turned accusatory, highlighting what he described as a betrayal of Rogovin's legacy. “ByteDance is now engaged in blatant infringement of the very same properties you spent many years protecting – iconic properties that Warner Bros. Discovery, and its many talented artists and filmmakers, have labored to create over the past decades,” the letter stated. This personal framing underscores the stakes for Warner Bros. Discovery, which views its intellectual property as central to its business model, encompassing franchises like Superman, Batman, Game of Thrones, and The Matrix.
The dispute centers on Seedance, an AI video generation tool launched by ByteDance, which users have employed to create unauthorized content pitting Warner Bros. characters against those from rival studios, such as battles between Batman and Darth Vader or Superman and Marvel heroes. According to the cease-and-desist letter, these videos infringe on Warner Bros. Discovery's copyrights "in plain sight, in an apparent attempt to promote and establish consumer demand for Seedance." The company demanded that ByteDance immediately halt such infringements, warning of potential legal action if not addressed.
This move by Warner Bros. Discovery aligns with a broader coalition in Hollywood pushing back against AI's rapid encroachment on creative industries. Disney and Paramount have similarly targeted ByteDance over AI videos featuring their properties, including the Marvel universe and Tom Cruise likenesses. Agencies such as Creative Artists Agency (CAA), the Motion Picture Association (MPA), and performers' union SAG-AFTRA have rallied alongside the studios, especially as SAG-AFTRA engages in contract negotiations with the Alliance of Motion Picture and Television Producers (AMPTP). These groups see the AI-generated content as a multiverse-style spectacle akin to underground fights, fueling concerns over unauthorized use of intellectual property and performers' likenesses.
ByteDance, for its part, has acknowledged the issue but stopped short of full concessions. In a statement released Monday, the company said it is “taking steps to strengthen current safeguards as we work to prevent the unauthorised use of intellectual property and likeness by users.” However, Warner Bros. Discovery expressed skepticism about the adequacy of these measures. Smith noted in the letter that “ByteDance appears to be taking initial steps to block certain text prompts regarding a few Warner Bros. Discovery properties.” He added, “While this is a promising indication that we may resolve this dispute business to business, it nonetheless begs the question why guardrails that can so quickly and easily be implemented were not present upon Seedance’s release. In any event, in order to stem the tide of infringement that ByteDance has created, comprehensive efforts must be taken immediately.”
The timing of the letter is particularly tense, as reports indicate users continued generating new AI videos on Tuesday, including alternative scenes from Warner Bros. franchises like Game of Thrones and The Matrix. This persistence suggests that ByteDance's safeguards may not yet be robust enough to curb the problem fully. Warner Bros. Discovery's demand is clear: “Accordingly, Warner Bros. Discovery demands that ByteDance immediately stop infringing its copyrighted works.” The studio has made the full letter publicly available, signaling its intent to pressure ByteDance through transparency and potential litigation.
Background on the merger that brought Rogovin into this awkward spotlight provides additional context. The 2022 combination of Warner Bros. and Discovery created Warner Bros. Discovery, a media powerhouse valued for its vast library of DC Comics superheroes, HBO series, and blockbuster films. Rogovin's departure came amid the transitional chaos, but his expertise in IP protection made him a prime target for Smith's pointed remarks. Industry observers note that such personal appeals are rare in corporate disputes, highlighting the emotional and financial weight Hollywood places on its characters.
The rise of AI tools like Seedance has accelerated since late last year, with ByteDance positioning TikTok as a hub for viral, user-generated content. Seedance allows users to input text prompts to create short videos, often blending elements from popular culture. While innovative, this has led to an explosion of infringing material, from superhero showdowns to reimagined movie scenes, drawing millions of views and raising alarms about revenue loss for rights holders. Warner Bros. Discovery, which reported strong box office performance with films like the recent adaptation of Wuthering Heights achieving a record ninth consecutive No. 1 debut, sees AI as a direct threat to its content ecosystem.
Broader industry tensions are evident in parallel developments. The Writers Guild of America West (WGAW) has authorized a staffers' strike over healthcare issues, underscoring labor unrest amid technological disruptions. Meanwhile, SAG-AFTRA's ongoing talks with AMPTP focus heavily on AI protections, with performers demanding consent and compensation for digital replicas of their likenesses. Agencies like CAA have urged clients to avoid platforms enabling such misuse, framing it as a fight for the soul of entertainment.
From ByteDance's perspective, the company operates in a global market where AI innovation drives user engagement on TikTok, which boasts over 1.5 billion monthly active users worldwide. Headquartered in Beijing, ByteDance has faced regulatory scrutiny in the U.S. over data privacy and national security, but this IP clash marks a new front in its battles with American media giants. Spokespeople for ByteDance have not commented further on the Warner Bros. letter as of Wednesday, but sources close to the company indicate internal reviews of content moderation policies are underway.
Legal experts suggest that while cease-and-desist letters like this one often lead to negotiations, escalation to lawsuits is possible if infringements persist. Precedents include recent cases where studios successfully sued AI firms for training models on copyrighted material without licenses. Warner Bros. Discovery's aggressive stance could set a tone for the industry, potentially leading to unified standards for AI use in content creation.
As the entertainment sector navigates this AI frontier, the implications extend beyond individual disputes. Creators, from animators like the late Jane Baer—who at 91 passed away after a career including Disney work and scenes for Who Framed Roger Rabbit—to emerging talents in projects like Brian Tyree Henry's Netflix animated series Bass X Machina, rely on robust IP protections to sustain their livelihoods. The ByteDance conflict highlights a pivotal moment: whether tech innovation will coexist with creative rights or spark prolonged litigation.
Looking ahead, Warner Bros. Discovery officials have indicated they are monitoring ByteDance's compliance closely, with hopes for a swift resolution but preparations for court if necessary. ByteDance's next moves could influence not just this case but the broader regulatory landscape for AI in media. For now, the kryptonite of copyright enforcement hangs over the Chinese tech firm, as Hollywood unites to safeguard its storied assets.