AI Copyright Battle A UK Court Weighs In

The UK High Court has delivered a decision in the case of Getty Images v Stability AI, a landmark lawsuit addressing the intellectual property challenges posed by generative AI. While the ruling provides some clarity on secondary copyright infringement, it leaves the most significant questions about AI training and copyright unanswered.

The Landmark Case of Getty Images vs Stability AI

The case revolves around Stable Diffusion, an AI image generation model developed by Stability AI. The claimants, Getty Images, manage a massive library of photos and other media assets. They alleged that Stability AI unlawfully scraped millions of these assets to train Stable Diffusion without consent. Furthermore, Getty claimed that the AI's outputs sometimes closely resembled their copyrighted images and even included their watermarks and trademarks.

Getty Images sought to stop Stability AI's alleged infringement and requested damages for the unauthorized use of their content.

Primary Copyright Claims Withdrawn

Two of the most anticipated claims in the case were ultimately dropped by Getty Images before a judgment could be made, due to difficulties in gathering evidence.

1. Training and Development: Getty initially argued that Stability AI infringed copyright by downloading and storing its assets on UK-based servers to train Stable Diffusion. Stability AI contended that the training occurred outside the UK, and without sufficient evidence to prove otherwise, Getty withdrew the claim.

2. Communication to the Public: Getty also claimed that by making Stable Diffusion available to UK users, Stability AI was communicating copyrighted works to the public, as the tool could generate images that were substantial copies of Getty's assets. This claim was also dropped during the trial.

Because these critical claims were withdrawn, the court did not rule on the legality of using copyrighted materials for AI training, a central question in the global debate over generative AI.

A Key Ruling on Secondary Infringement

Getty Images argued that Stability AI committed secondary copyright infringement by importing the pre-trained Stable Diffusion model into the UK. They asserted the model itself was an "infringing article."

The court offered a nuanced decision on this point. It agreed that a digital file like an AI model could be considered an "article" under UK law, a significant clarification that extends the term beyond physical objects. However, the judge ruled that the Stable Diffusion model was not an "infringing copy." She explained that while the model's weights are shaped by exposure to copyrighted works, the model itself does not store or reproduce those works. Therefore, importing the model into the UK was not an act of secondary infringement.

Limited Success on Trademark Infringement

Getty Images did achieve a partial victory on its trademark claims. The court found Stability AI liable for trademark infringement in a limited number of instances where Stable Diffusion generated images displaying Getty's trademarks, such as the "GETTY IMAGES" watermark. However, this success was confined to specific, historical outputs and did not constitute a broader finding of infringement. The court also dismissed the claim that Stability AI's actions tarnished the reputation of Getty's trademarks.

What's Next for AI and Copyright Law in the UK?

Although the judgment clarifies the definitions of 'article' and 'infringing copy' in a digital context, the withdrawal of the primary infringement claims means the legal standing of AI training on copyrighted data in the UK remains uncertain. Many observers who hoped for definitive guidance were left disappointed.

The UK government is currently exploring reforms to copyright law to address the challenges of AI. This includes considering an EU-style text and data mining exception and new transparency obligations for AI developers. The government's consultation on this topic has received widespread public response, indicating the high stakes involved.

Meanwhile, Getty Images and Stability AI continue to face each other in a parallel lawsuit in the United States, where these critical questions may yet be decided.