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UK High Court Rules in Getty Images vs. Stability AI Case: A Verdict from Richard Barker

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UK High Court hands down decision in Getty Images v Stability AI, Richard Barker

The UK High Court ruled in Getty Images v. Stability AI, with Getty’s secondary copyright infringement claim failing while Stability AI was found liable for partial trademark infringement. Getty accused Stability AI’s “Stable Diffusion” AI tool of using millions of copyright-protected images without permission, alleging copyright and database rights infringement. However, Getty eventually dropped the direct copyright claims during the trial, shifting the focus to trademark issues. The court concluded that importing the Stable Diffusion model didn’t constitute secondary copyright infringement under UK law since it didn’t store copies of Getty’s works. Although Getty partially succeeded in trademark claims regarding double identity, other claims, including dilution, failed. This ruling signals a potential setback for UK copyright holders, raising concerns about generative AI developers utilizing training materials from more AI-friendly jurisdictions. The decision, a first instance ruling, may lead to an appeal, while similar claims are ongoing in the US.

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