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Stability AI Wins Round in Court, Getty Images' Claims Fall Short
Key Takeaways
- The UK High Court largely sided with Stability AI, but did not resolve bigger legal questions around AI and copyright use;
- Getty’s claim over its watermark was limited, as the court found no proof of UK users generating infringing content;
- The court ruled that Stable Diffusion doesn’t store or copy original images, so it does not count as an "infringing copy" under UK law.
A recent decision from the High Court in the UK has produced a mixed result in the legal battle between Getty Images and Stability AI.
While the ruling mostly supported Stability AI, it left several important legal questions about artificial intelligence (AI) and copyright unanswered.
Getty Images brought the case in 2023. It claimed that Stability AI’s image-generating system, known as Stable Diffusion, used its protected content without permission.
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Getty Images also argued that Stable Diffusion included its watermark in its outputs, which violated their trademark rights.
The court agreed that Getty Images’ watermark appeared in some images generated by Stable Diffusion. However, Judge Joanna Smith noted that this issue was very narrow and did not indicate misuse.
Getty Images' case was weakened because they could not show that anyone in the UK had actually used the tool to generate watermarked content.
Getty Images also argued that the AI system itself was a copy of their images, which would amount to secondary infringement. However, the court found that since Stabile Diffusion does not duplicate the original images, it does not meet the legal definition of an "infringing copy" under the UK’s Copyright, Designs and Patents Act of 1988.
Justice Smith explained that while digital tools like AI models may be intangible, they still need to meet specific conditions to be considered unlawful copies. In this case, Stable Diffusion did not qualify.
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