The ChatGPT and Studio Ghibli controversy: questions begging for answers
25 April 2025
On March 26, 2025, OpenAI launched a new image generator feature of ChatGPT that allows users to turn pictures and memes into cartoon versions based on works by real animators. These include Studio Ghibli, the famous Tokyo-based animation production company which created some of the most beloved cartoon movies like Spirited Away, My Neighbor Totoro, Grave of the Fireflies and Princess Mononoke, among others.
Following the launch, users immediately tried the new feature, unleashing image after image of AI-generated cartoon versions of photos in the style of Studio Ghibli. Even A&W Restaurants and the White House went along with the trend. The hamburger chain released an anime version of its mascot while the latter posted a cartoon image of a real convicted fentanyl dealer being arrested – both in Studio Ghibli fashion. The iconic photo of Turkish shooter Yusuf Dikec, showing him in competition at the 2024 Paris Olympics in his simple yet unique shooting stance and attire, was not spared as well.
Soon, social media was flooded with such images, prompting the question: Does this constitute copyright infringement?
Ashish Chang Marbaniang I partner @ K&S Partners, Gurugram
“It appears to me that for AI to create Ghibli images, it had to learn the artistic style of Studio Ghibli’s cartoon style. For learning purposes, the AI must have used the original Ghibli image or many Ghibli images, which have been created by the original artist. So, there is the use of the original work for training AI,” said Ashish Chang Marbaniang, a partner at K&S Partners in Gurugram.
Citing ANI Media v. OpenAI & Anr., Marbaniang said the High Court of Delhi is examining similar issues: whether OpenAI’s storage of Asian News International’s (ANI) news content for training ChatGPT constitutes copyright infringement under India’s Copyright Act, 1957 and whether ChatGPT’s generation of responses using ANI’s copyrighted content amounts to an infringement of ANI’s intellectual property.
Other questions begging for answers, according to Marbaniang, is whether Ghibli is a recognizable brand and whether it is entitled to protection as a well-known mark. “If some company starts using the word Ghibli for images, does it not amount to trademark violation? Does it not amount to taking unfair advantage of the trademark that may lead to dilution of the trademark? Usage of the word Ghibli for images will give a sense of association of such images with Studio Ghibli, when in fact there is none,” he said.
“Also considering that there are so many uses of Ghibli-style images, is it in danger of becoming a generic term?” Marbaniang asked. “Does it not harm and disrespect the reputation and goodwill earned by the artist? If everyone starts stating that this is a Ghibli image, what value will it have? Additionally, can Studio Ghibli ask social media websites to take down all posts that mention the name Ghibli for images, being violative of trademark rights? However, the question will remain whether such posts amount to trademark infringement,” he added.
Considering the technological advancements of the current digital age, Marbaniang said that IP laws must keep pace.
- Espie Angelica A. de Leon
