Getty AI Lawsuit UK Claims Narrowed Fight Continues

Getty Images has reduced its main copyright infringement allegations against Stability AI at London’s High Court. This move narrows a closely watched legal battle over how AI firms use copyrighted material for training their models.

The Bigger Picture AI Copyright Debates

This decision does not conclude the entire case. Getty continues to pursue other claims and has a separate lawsuit in the United States. However, it highlights the uncertain legal landscape regarding content ownership and use in the era of generative AI. This development follows closely after a U.S. judge ruled in favor of Anthropic in a comparable case about whether training AI on books without author consent infringes copyright.

Background of the Getty vs Stability AI Lawsuit

Getty initiated legal action against Stability AI, the company responsible for the AI image generator Stable Diffusion, in January 2023. The lawsuit alleged that Stability AI used millions of copyrighted images to train its AI model without obtaining permission. The stock image provider also contended that many images produced by Stable Diffusion closely resembled the copyrighted content used for its training. Getty further stated that some generated images even displayed its watermarks. Both these specific claims were withdrawn as of Wednesday morning.

Reasons Behind Dropping Key Claims

According to Ben Maling, a partner at law firm EIP, "The training claim was likely dropped because Getty could not establish a strong enough link between the infringing actions and the UK's jurisdiction for copyright law to apply." He further explained to TechCrunch via email, "Similarly, the output claim was probably dropped because Getty failed to demonstrate that the model's reproductions constituted a substantial part of the original copyrighted images, such as the work of a photographer."

During its closing arguments, Getty's legal team stated they withdrew these claims because of insufficient evidence and a shortage of well-informed witnesses from Stability AI. Getty presented this as a strategic decision, enabling both the company and the court to concentrate on allegations Getty considers stronger and more likely to succeed.

Remaining Claims and Their Implications

The claims still active in Getty’s UK lawsuit include a secondary infringement claim and trademark infringement claims. The secondary infringement claim posits that the AI models themselves could violate copyright law. Using these models in the U.K. might be considered importing infringing articles, even if the AI model training occurred outside the U.K.

Maling commented, "Secondary infringement holds the broadest relevance for generative AI companies that train their models outside the UK, specifically concerning the models themselves potentially being 'infringing articles' that are then imported into the UK."

A Stability AI spokesperson informed TechCrunch that the startup was "pleased to see Getty’s decision to drop multiple claims after the conclusion of the testimony." In its closing arguments, Stability AI indicated its belief that Getty’s trademark and passing off claims will not succeed. Their reasoning is that consumers do not perceive the watermarks as a commercial message originating from Stability AI.

The Ongoing US Lawsuit

It is important to note that Getty’s U.S. division also filed a lawsuit against Stability AI in February 2023 for trademark and copyright infringement. In this U.S. case, Getty alleged Stability AI used up to 12 million copyrighted images for AI model training without authorization. The company is seeking damages for 11,383 works at $150,000 per infringement, potentially totaling $1.7 billion. A Getty spokesperson stated that the decision to drop certain copyright infringement claims in the U.K. does not affect its U.S. case. The U.S. case is currently awaiting a decision on Stability AI’s motion to dismiss.

Separately, Stability AI is also involved in another complaint with Midjourney and DeviantArt. A group of visual artists has sued these three companies for copyright infringement.

Getty's Own AI Initiatives

It is noteworthy that Getty Images has its own generative AI service. This service utilizes AI models trained on Getty's iStock photography and video libraries, enabling users to create new, licensable images and artwork.