Studio Ghibli and Japanese Publishers Challenge OpenAI Over Unauthorized AI Training

Reviewed byNidhi Govil

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Japanese content creators, including Studio Ghibli and Square Enix, demand OpenAI stop using their copyrighted works to train AI models without permission, highlighting global tensions over AI copyright law and artistic protection.

Japanese Publishers Unite Against OpenAI

The Content Overseas Distribution Association (CODA), representing major Japanese entertainment companies including Studio Ghibli, Square Enix, and Bandai Namco, has formally requested that OpenAI cease using their copyrighted content to train artificial intelligence models without permission

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. The October 28 letter specifically targets OpenAI's Sora 2 video generation tool, which has been producing content that "closely resembles Japanese content or images"

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Source: TweakTown

Source: TweakTown

CODA's statement emphasizes that when AI systems generate outputs resembling copyrighted works, "the act of replication during the machine learning process may constitute copyright infringement" under Japanese law

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. This represents a significant escalation in the ongoing global conflict between AI companies and content creators over training data usage.

The Ghiblification Phenomenon

The controversy gained international attention through the viral "Ghiblification" trend that emerged in March 2024, when OpenAI's GPT-4o model enabled users to generate images in Studio Ghibli's distinctive artistic style

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. The phenomenon saw widespread creation of "Ghiblified" selfies and pet pictures, with even OpenAI CEO Sam Altman adopting a Ghibli-style profile picture on social media platforms

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Source: Creative Bloq

Source: Creative Bloq

The release of Sora 2 intensified these concerns, as users immediately began generating videos featuring recognizable Japanese characters from Pokemon, Final Fantasy, and other franchises

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. One particularly controversial video showed a deepfaked Sam Altman grilling a dead Pikachu, while another featured him observing Pokemon before grimacing and saying, "I hope Nintendo doesn't sue us."

Legal Framework Disparities

The dispute highlights fundamental differences in how various jurisdictions approach AI training and copyright law. Japan's 2018 Copyright Act amendment (Article 30-4) initially granted broad exemptions for AI training for "non-enjoyment" purposes, but subsequent 2024 government guidance restricted uses that replicate specific works or unreasonably prejudice copyright holders

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CODA argues that under Japan's copyright system, "prior permission is generally required for the use of copyrighted works, and there is no system allowing one to avoid liability for infringement through subsequent objections"

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. This contrasts sharply with OpenAI's approach of implementing opt-out systems only after copyright violations have occurred.

In the United States, the legal landscape remains unclear due to the idea-expression dichotomy, which suggests that artistic styles cannot be directly copyrighted as they represent unprotectable ideas rather than specific expressions

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. The ongoing Andersen v. Stability AI case exemplifies this uncertainty, with plaintiffs arguing that AI models constitute infringing derivative works while defendants claim fair use protection.

Industry Response and Cultural Impact

Studio Ghibli co-founder Hayao Miyazaki has previously expressed strong opposition to AI-generated content, stating in 2016 that he was "utterly disgusted" by AI animation and considered it "an insult to life itself"

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. His sentiments reflect broader concerns within the creative community about AI's impact on artistic integrity and livelihood.

Source: Futurism

Source: Futurism

The Japanese government has also taken action, with Minister of State for IP and AI Strategy Minoru Kiuchi formally requesting OpenAI to stop using Japanese characters, calling manga and anime "irreplaceable treasures"

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OpenAI initially implemented an opt-out system for copyright holders but later reversed course, stating that copyrighted content would be opted out by default

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. However, this change came only after the company leveraged the virality of copyrighted character usage to propel Sora to the top of Apple's App Store.

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