Stability AI has partially succeeded in defending itself against accusations of copyright infringement. As reported by The Guardian, Stability AI prevailed in a high-profile UK High Court case, following Getty first suing the company in 2023 for allegedly using its copyright images to train its Stable Diffusion AI art tool without permission.
Getty’s original claim was that Stability AI had unlawfully copied and processed millions of protected images for training purposes, therefore abusing the rights of the original creators. However, the Seattle-based company eventually withdrew its claims of primary copyright infringement as it reportedly could offer no evidence that unauthorized copying for the training of Stable Diffusion had taken place in the UK.
Today’s ruling concerns claims of secondary infringement, to which the High Court judge, Justice Joanna Smith, ruled that “an AI model such as Stable Diffusion which does not store or reproduce any copyright works (and has never done so) is not an ‘infringing copy'” under UK law. This was despite the ruling finding some evidence of Getty’s images being used by Stability, as evidenced by the presence of the former’s watermark. While the judge sided with Getty on some of its claims, she said that the evidence was “both historic and extremely limited in scope.”
The High Court ruling likely won’t fill companies and creators concerned about AI-related copyright infringement with a huge amount of optimism, but unsurprisingly, both Getty and Stability AI have been quick to celebrate their respective victories. Getty’s statement reads, in part:
Today’s ruling confirms that Stable Diffusion’s inclusion of Getty Images’ trademarks in AI‑generated outputs infringed those trademarks. Crucially, the Court rejected Stability AI’s attempt to hold the user responsible for that infringement, confirming that responsibility for the presence of such trademarks lies with the model provider, who has control over the images used to train the model. This is a significant win for intellectual property owners. The ruling delivered another key finding; that, wherever the training and development did take place, Getty Images’ copyright‑protected works were used to train Stable Diffusion. The ruling also established a powerful precedent that intangible articles, such as AI models, are subject to copyright infringement claims in the same way as tangible articles. We will be taking forward findings of fact from the UK ruling in our US case.
The company added that it was “deeply concerned” that even “well-resourced companies” remain at risk of infringement due to a “lack of transparent requirements.” It also urged the UK government to build on the current laws around this issue. Christian Dowell, general counsel to Stability AI, said the final ruling from the court “ultimately resolves the copyright concerns that were the core issue.”
The ruling comes just days after Getty announced a new agreement with Perplexity AI that permits the latter to access Getty’s huge media library as part of its search and discovery tools. In a press release, Getty said a condition of the licensing deal was Perplexity committing to “making improvements on how it displays imagery, including image credit with link to source, to better educate users on how to use licensed imagery legally.”
