Getty Images Partly Loses UK Copyright Case Against Stability AI

The Seattle-based stock photo agency had accused Stability AI of misusing its vast library of licensed photographs to “train” the company’s image-generation model, Stable Diffusion. The system, which creates new images from text prompts, allegedly drew from Getty’s content without authorization. Getty sued Stability AI for breach of copyright and argued that the AI-generated images effectively replicated its protected works.

However, Getty later dropped the key copyright element of its case mid-trial, citing a lack of evidence about where and how Stable Diffusion was trained. As reported by Reuters, intellectual property lawyers said that omission left Tuesday’s ruling as something of a “damp squib” for developing case law on artificial intelligence and copyright.

Judge Joanna Smith found in Getty’s favor only “in part,” ruling that Stability AI had committed limited trademark infringement when users generated images containing Getty’s recognizable watermarks. Still, the judge emphasized that her findings were “historic and extremely limited in scope.” She rejected Getty’s secondary copyright infringement claim, stating that the AI system “does not store or reproduce any copyright works.” According to Reuters, lawyers said this aspect of the decision highlighted weaknesses in existing British copyright protections.

“Today’s finding means that copyright owners’ exclusive right to reap what they have sown has been avoided on a technicality,” said Rebecca Newman, a lawyer at Addleshaw Goddard.

Related: UK Competition Watchdog to Probe Getty-Shutterstock Merger After Remedy Offer Rejected

The high-profile trial, which began in June, was one of several cases brought internationally to test how copyright law applies to AI systems. Stability AI’s lawyers argued that Getty’s case represented “an overt threat to the wider generative AI industry,” a position Getty rejected, saying it was merely enforcing its intellectual property rights.

In a statement cited by Reuters, Getty said the ruling confirmed that Stable Diffusion’s generation of outputs containing Getty trademarks amounted to infringement. The company described this as “a significant win for intellectual property owners” and said it demonstrated that “intangible articles, such as AI models, are subject to copyright infringement claims in the same way as tangible articles.” Getty added that it plans to rely on that precedent in its ongoing lawsuit against Stability AI in the United States.

Stability AI welcomed the decision. The company’s general counsel, Christian Dowell, said in a statement that the judgment “ultimately resolves the copyright concerns that were the core issue.”

Despite that, Getty said it remains worried about the difficulties of protecting creative work in the face of emerging technologies. The company urged governments, including the UK, to introduce “stronger transparency rules” to prevent costly disputes and better safeguard creators’ rights.

Source: Reuters