Ghibli AI is potentially suing OpenAI over an AI-generated image
OpenAI’s image generation tool launched on March 25, 2025, and gained mass publicity after a Studio Ghibli-inspired AI image went viral.
Studio Ghibli is an animation studio out of Japan. Founded in 1985, Ghibli Studio is well known for its animated films such as “Spirited Away” and “Howl’s Moving Castle.” Their films stand out due to their unique, hand-drawn style that is easily recognizable. Their art style of colorful and energetic characters and environments adds an almost nostalgic feel to their films, so it is no wonder an AI-generated picture in this style circulated so fast.
But with such a massive burst in popularity came backlash. Many people were unhappy with AI creating images as they were almost indistinguishable from the real artists’ work. Many saw this as a form of copyright infringement or plagiarism, calling for legal action to be taken—but legal action cannot be taken against this, right?
Well, that is a difficult question.
According to an interview conducted by NDTV WORLD with the founder of Telluride Legal Strategies Rob Rosenberg, action could potentially be taken under two legal grounds: violation of the Lanham Act and the act of training AI on copyrighted work.
In 1946, a federal law was enacted named The Lanham Act. The Lanham Act governs trademark protection, false advertising and unfair competition. This federal law allows companies to sue over the use of a brand or style that may mislead customers or companies.
Rosenberg argues that Studio Ghibli could take action because the images are “trading off the goodwill of Ghibli’s trademarks, using its recognisable artistic identity in a way that may confuse consumers into believing the function is endorsed or licensed by the studio.” He is saying that since OpenAI is converting images to the Ghibli style, they could confuse consumers that the images were produced by the company.
On the second ground, Rosenberg says that the act of teaching an AI to convert images to the style of Ghibli studios is an act of trying to copyright the business and steal their brand.
But does this all justify a potential lawsuit?
While AI images have the potential to cause a lawsuit, this particular case does not.
First of all, OpenAI is not claiming to be able to convert images into the Ghibli-style. They are simply promoting the ability to convert images to multiple different styles with Ghibli being one of the options. Since they are not claiming specifically Ghibli-style, they are not in violation of the Lanham Act.
Also, these images that are being created are not being used for monetary benefit or as a sales tactic. OpenAI is free to the public, requiring only a free account to access this feature. It is not locked behind a paywall or subscription. They are not trying to benefit from the trademark of Studio Ghibli, only using their rights to fair use with art style and animations.
This situation has sprouted the topic of AI-generated content all together. Questions of if AI-generated content in its entirety is a violation of copyright and if it falls under the umbrella of fair use. While there isn’t a legal answer to this question as of now, the decision will have to be made soon.
