Alcon claims that Tesla, Elon Musk, and Warner Bros. used an AI-generated image that mimicked a still image from the iconic visual sequence in the film Blade Runner 2049.

Question 1 of 3 for ChatGPT-4o: Please read the lawsuit “Blade Runner vs Tesla and Warner Bros.” and tell me what the main grievances are

ChatGPT-4o’s answer:
The main grievances in the lawsuit "Alcon Entertainment, LLC vs. Tesla, Elon Musk, and Warner Bros. Discovery, Inc." center on the following key allegations by Alcon:

1. Copyright Infringement: Alcon claims that Tesla, Elon Musk, and Warner Bros. used an AI-generated image that mimicked a still image from the iconic visual sequence in the film Blade Runner 2049 during Tesla's October 2024 cybercab promotional event. This image was displayed without Alcon's permission, constituting direct, contributory, and vicarious copyright infringement.

2. False Endorsement and Misappropriation: Alcon alleges that Tesla, Musk, and Warner Bros. intentionally created a false association between Tesla's autonomous vehicles and Blade Runner 2049 in an attempt to link Tesla’s products to the movie's strong brand recognition. Alcon had explicitly denied Tesla and Warner Bros. permission to use any images or elements from the film, yet the defendants proceeded with an unauthorized AI-generated image that strongly evoked Blade Runner 2049.

3. Damage to Brand Partnerships: The lawsuit also asserts that this unauthorized use jeopardized ongoing negotiations Alcon was conducting with automotive brands for potential partnerships related to a forthcoming Blade Runner 2099series. The unauthorized association of Blade Runner 2049 with Tesla’s cybercab could cause confusion and harm Alcon’s brand integrity, especially in the automotive industry.

4. Economic Harm: Alcon states that the unauthorized use of its intellectual property, which involved high-value brand affiliations, caused substantial financial harm. Previous deals involving Blade Runner 2049 and automotive brands were worth millions, and the unauthorized association with Tesla resulted in the theft of valuable brand goodwill.

These grievances form the basis for Alcon's claims for damages and injunctions under the Copyright Act and the Lanham Act​.


Question 2 of 3 for ChatGPT-4o: What kind of evidence is being presented and do you deem it robust?

ChatGPT-4o’s answer:
In the lawsuit, Alcon Entertainment presents several types of evidence to support its claims against Tesla, Elon Musk, and Warner Bros. Discovery. The key evidence includes:

1. AI-Generated Image (Exhibit C): A central piece of evidence is the unauthorized AI-generated image displayed during Tesla’s cybercab event, which strongly resembles an iconic still from Blade Runner 2049. Alcon argues that this image was created by feeding original stills from the film (Exhibits A and B) into an AI image generator, which then produced a derivative work. This image was presented to a global audience during Musk’s presentation, suggesting an intentional association between Blade Runner 2049 and Tesla.

2. Timeline and Communications: Alcon alleges that it explicitly refused Tesla’s request to use any imagery or elements from Blade Runner 2049 for the event. The lawsuit provides details of internal communications between Alcon, Warner Bros., and Tesla, where permission was requested and firmly denied just hours before the event. This establishes that Tesla and Warner Bros. were aware of the refusal yet proceeded to use a derivative image.

3. Musk’s Remarks: During the presentation, Musk made comments that explicitly referenced Blade Runner while the infringing image was displayed, stating that he liked the movie but did not want its bleak future. Alcon argues that this reinforces the intentional association between Tesla’s product and the Blade Runner 2049brand.

4. Potential Brand Confusion: Alcon highlights that its ongoing negotiations with other automotive brands for the Blade Runner 2099 series could be harmed by this unauthorized association. Evidence includes past high-value automotive brand deals related to Blade Runner 2049, demonstrating the financial magnitude of such partnerships.

Strength and Robustness of the Evidence:

• AI-Generated Image: The infringing image (Exhibit C) closely resembling stills from Blade Runner 2049(Exhibits A and B) seems to be solid evidence of copyright infringement. If proven that this image was created by copying elements of the original film through an AI tool, this would directly support Alcon’s claim of unauthorized use and derivative work creation.

• Communications and Refusal: The documented timeline of Alcon’s refusal to grant permission, coupled with the fact that the presentation occurred despite the refusal, provides strong evidence of willful infringement. If email records or internal communications are presented as evidence, this would further bolster Alcon’s case.

• Musk’s Remarks: His explicit reference to Blade Runner during the event could serve as an acknowledgment that the image was intended to evoke Blade Runner 2049, strengthening the claim of false endorsement and intentional misappropriation of goodwill.

• Brand Confusion and Harm: The financial stakes are well-documented, with past contracts involving automotive brands for Blade Runner 2049 worth millions. If Alcon can provide evidence of disrupted negotiations or confusion caused by the unauthorized use, it would further substantiate the economic harm claim.

Overall Assessment:

The evidence presented seems robust. The combination of the infringing AI-generated image, clear refusal of permission, Musk’s explicit references, and the potential financial harm creates a strong factual foundation for Alcon’s claims. If backed by concrete internal communications and expert testimony on the creation and impact of the image, this evidence could be compelling in court.

Question 3 of 3 for ChatGPT-4o: How should Tesla and Warner Bros. have acted to prevent these issues from occurring in the first place and how should they address the current situation?

ChatGPT-4o’s answer:
Tesla and Warner Bros. could have taken several key steps to prevent the issues leading to the lawsuit from occurring, as well as actions they can now take to address the current situation. These measures involve ensuring legal compliance, respecting intellectual property rights, and engaging in responsible corporate behavior. Here’s how they should have acted and how they can address the situation moving forward:

1. Preventative Actions to Avoid the Issue:

a) Strict Adherence to Copyright and Licensing Rules

• Obtain Explicit Permission: Tesla and Warner Bros. should have strictly adhered to Alcon’s decision when they refused permission to use Blade Runner 2049content. If permission was denied, they should have either abandoned plans to use any visual elements, dialogue, or associations with the film or sought alternative legal methods to depict their concepts.

• Engage in Clear Licensing Discussions: They should have communicated their intentions earlier and more clearly. If the event was planned to incorporate elements resembling Blade Runner 2049, Tesla and Warner Bros. should have engaged in detailed licensing discussions well in advance. Early-stage communication could have provided time to work out legal and financial agreements with Alcon or explore alternative marketing strategies.

b) Respect Alcon’s Rights and Intellectual Property

• Avoid AI-Generated Derivatives: Even after Alcon’s refusal, Tesla and Warner Bros. chose to proceed by generating an AI-derived image. They should have avoided using AI tools to create derivative works based on copyrighted material, as this still constitutes infringement. By doing this, they not only violated copyright but also undermined Alcon’s control over its intellectual property.

• Consult Legal Counsel on Copyright: Consulting with in-house legal teams or external intellectual property experts should have been a priority before creating any derivative works or making public statements. Legal teams could have advised on the risks of using similar imagery, especially after permission had been denied.

c) Exercise Caution in Public Associations

• Avoid Misleading Affiliations: Public figures like Elon Musk should avoid making references to specific brands without ensuring that there is a legitimate relationship or affiliation. Musk's remarks about Blade Runner created a false endorsement, leading to confusion and harm. Being transparent about the lack of affiliation would have prevented brand misrepresentation.

2. Addressing the Current Situation:

Now that the lawsuit has been filed, Tesla and Warner Bros. must take steps to address the legal and public relations issues caused by their actions:

a) Acknowledge the Infringement and Issue a Public Apology

• Immediate Apology and Clarification: Tesla and Warner Bros. should issue a public apology to Alcon Entertainment, acknowledging the unauthorized use of Blade Runner 2049 content and clarifying that no formal relationship exists between Tesla, Blade Runner, or its upcoming television series. This can help mitigate the negative PR and show good faith toward resolving the dispute.

b) Settlement Negotiations

• Pursue an Out-of-Court Settlement: Given the seriousness of the infringement and potential financial damages, Tesla and Warner Bros. should seek to negotiate a settlement with Alcon. This could include financial compensation for the misappropriation of goodwill and damages associated with lost brand opportunities.

• Compensate for Financial Losses: Alcon claims that previous partnerships for Blade Runner 2049 automotive brands were worth millions. Tesla should offer compensation that reflects the fair market value of such affiliations, acknowledging the damage their unauthorized association caused.

c) Reevaluate Future Use of AI-Generated Content

• Implement Strict Guidelines on AI Usage: Both Tesla and Warner Bros. should revise internal policies related to AI-generated content. New guidelines should ensure that all AI-generated images, videos, or other content are reviewed for potential copyright infringement. Internal reviews involving legal experts should be mandated before any such content is used publicly.

d) Collaborate with Alcon on a Positive Resolution

• Offer Partnership Opportunities: As part of a resolution, Tesla and Warner Bros. could explore whether a future partnership on the Blade Runner 2099 series could be feasible, though this would depend on Alcon’s willingness. Offering collaboration opportunities, whether through sponsorship or automotive brand placements, could potentially turn the conflict into a positive business relationship.

3. Long-Term Steps for Risk Mitigation:

a) Educate Employees on IP Laws

• Conduct IP and Copyright Training: Tesla and Warner Bros. should provide ongoing education for employees, including high-level executives like Musk, on the importance of intellectual property laws. This includes not just formal copyright law but also the complexities of brand endorsement, goodwill, and market confusion.

b) Establish Clear Internal Compliance Procedures

• Legal Pre-Approval of All Marketing Materials: All marketing content, especially high-visibility materials like those used in Tesla's product launch events, should undergo a formal approval process where legal, branding, and compliance departments sign off. This would ensure that intellectual property risks are flagged early.

c) Use of Non-Proprietary Creative Content

• Engage in Original Creative Production: Rather than relying on recognizable and copyrighted elements, Tesla and Warner Bros. should invest in original creative productions that align with their brand messaging. This can help them build their own narrative rather than relying on existing works like Blade Runner 2049.

By addressing these key areas, Tesla and Warner Bros. can better manage the current lawsuit and prevent similar issues in the future. Prioritizing intellectual property respect and building strong legal safeguards will ultimately protect their reputations and avoid costly disputes.