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“Instead of using the Blade Runner 2049 still photograph, Alcon alleges that someone, perhaps Musk himself, inputted a pair of still photographs from Blade Runner 2049 into a generative AI platform to create the accused image for Tesla’s slideshow presentation.”
Source: Tesla on X
On October 21, Los Angeles-based film production company Alcon Entertainment filed a lawsuit in the Central District of California alleging copyright infringement and false endorsement against automaker Tesla, its CEO Elon Musk and media conglomerate Warner Bros. Discovery. The suit claims that these parties are responsible for the creation of an artificial intelligence (AI) generated image of Tesla’s Cybercab using iconic imagery from Alcon’s 2017 theatrical release Blade Runner 2049. Alcon alleges that the image was displayed during a presentation given by Musk at a Cybercab launch event recently staged at Warner Bros. Burbank studios despite Alcon’s refusal to license film photography for Tesla’s event.
Other Commercial Partnerships, Musk’s Controversies Lead to License Refusal
Tesla introduced the Cybercab at an invitation-only event in Burbank, CA, on October 10, announcing plans to begin selling the vehicle by 2027. Tesla unveiled a total of 50 Cybercabs at the event, which was livestreamed globally and highlighted the model’s planned autonomous driving and inductive wireless charging features. The Austin, TX-based carmaker also publicly stated that it would make unsupervised full self-driving modes available on other Tesla models within the next year.
Alcon’s allegations focus on an 11-second segment of the event, during which an image depicting what Alcon calls Blade Runner 2049’s “dramatic core” was displayed during a presentation given by Musk. That image features the film’s protagonist K about to traverse a post-apocalyptic Las Vegas cityscape to meet Deckard from the predecessor Blade Runner released in 1982. Although Alcon has entered into promotional contracts connecting the film with automotive brands, with such sponsorships being valued at more than $10 million, Alcon refused to enter into a license with Tesla for that image owing both to Alcon’s development of commercial partnerships with other automakers and the film producer’s unwillingness to be associated with Musk, who Alcon views as a controversial figure.
Warner Bros. Pictures was the domestic distributor for Blade Runner 2049, but the company only possesses limited clip licensing rights on an ongoing basis that do not cover the use of still photography from the film for livestreams. Although Warner Bros. has communicated with Alcon Entertainment in the past regarding brand affiliations for Blade Runner 2049, Alcon alleged that clearance checks conducted by Warner Bros. led to the incorrect determination that it could approve Tesla’s use of the still photograph under its clip licensing rights.
AI-Generated Image Attempted to Trade Off Consumer Goodwill for Autonomous Cars
On the day of Tesla’s Cybercab event, personnel from Warner Bros. Discovery’s shared services rights clearance department communicated to Tesla that proper authorization to use the still photograph had yet to be obtained from Alcon Entertainment. Alcon was contacted by Warner Bros. hours before the Cybercab event, which began an hour later than originally scheduled, and denied permission to use the Blade Runner 2049 image, maintaining that there should be no affiliation between the film and Tesla at the event.
Instead of using the Blade Runner 2049 still photograph, Alcon alleges that someone, perhaps Musk himself, inputted a pair of still photographs from Blade Runner 2049 into a generative AI platform to create the accused image for Tesla’s slideshow presentation. During the presentation, Musk made reference to Blade Runner, and while he didn’t mention the 2049 year number, Alcon argues that Tesla specifically evoked its film, which unlike the 1982 release is set following a nuclear incident and features autonomous vehicles.
While there are several science fiction films in Warner Bros. Discovery’s library that would have achieved Tesla’s purpose, namely the juxtaposition of its Cybercab with a post-apocalyptic setting, Alcon alleges that Tesla intentionally created an association with Blade Runner 2049 because of the incredible amount of consumer goodwill generated by that film around self-driving cars. This commercial misappropriation has impacted Alcon’s marketing efforts for the Blade Runner 2049 film as well as a Blade Runner 2099 concept currently being developed for either film or television.
Alcon Entertainment’s lawsuit includes several claims for relief under copyright law for direct, vicarious and contributory infringement by the defendants. As well, Alcon’s complaint claims false endorsement under the Lanham Act. Along with injunctive relief, Alcon is seeking actual damages, or statutory damages where applicable, for the copyright infringement counts, while also requesting compensatory damages and defendant’s profits for the false endorsement claim.