Getty Images Drops Primary Copyright Infringement Claims Against Stability AI
Getty Images made a significant decision on Wednesday at London’s High Court by dropping its primary claims of copyright infringement against Stability AI. This move has narrowed one of the most closely watched legal battles concerning how AI companies utilize copyrighted content to train their models.
Although this development doesn’t completely conclude the case, as Getty is still pursuing other claims and a separate lawsuit in the U.S., it does shed light on the uncertainties surrounding content ownership and usage in the era of generative AI. The decision came shortly after a U.S. judge ruled in favor of Anthropic in a similar dispute over whether training AI on books without author permission violates copyright law.
In January 2023, Getty filed a lawsuit against Stability AI, the company behind the AI image generator Stable Diffusion, alleging that Stability used millions of copyrighted images to train its AI model without authorization. Additionally, Getty claimed that many of the generated works were similar to the copyrighted content used for training, with some even bearing Getty’s watermarks.
As of Wednesday morning, Getty dropped the claims related to the training process and the similarity of the generated works to copyrighted content. Legal experts suggest that these claims were likely dropped due to insufficient evidence and a lack of knowledgeable witnesses from Stability AI.
Getty’s lawsuit now focuses on a secondary infringement claim and claims for trademark infringement. The secondary infringement claim revolves around the argument that the AI models themselves might infringe copyright law, potentially constituting importing infringing articles when used in the UK, even if the training occurred outside the country.
Stability AI expressed satisfaction with Getty’s decision to drop multiple claims after the conclusion of testimony. In their closing arguments, Stability emphasized their belief that Getty’s trademark and passing off claims will not succeed, as consumers do not interpret the watermarks as a commercial message from Stability AI.
Getty’s U.S. division also sued Stability AI in February 2023 for trademark and copyright infringement, seeking substantial damages for unauthorized use of copyrighted images in training the AI model. This case is pending a decision on Stability AI’s motion to dismiss.
Furthermore, Stability AI is involved in another complaint alongside Midjourney and DeviantArt, where a group of visual artists sued the three companies for copyright infringement.
It is essential to note that Getty Images offers its own generative AI tool that utilizes AI models trained on Getty iStock photography and video libraries. This tool enables users to create new licensable images and artwork.
This article has been updated to include additional details from Getty regarding its U.S. case against Stability AI.
