"Getty" ready for the biggest case of the year

The Getty Images vs Stability AI case is being followed closely with the outcome of this potentially having huge ramifications across all industries as a consequence of how copyright content can be used by AI model developers. Getty Images v Stability AI is the first case to go to the High Court on this matter, and it is hoped that the judgment provides clarity on this question of whether third party content can be used for the purposes of training AI models. Whichever way the judgment goes, businesses need to be ready to act quickly to best protect their content going forward. The trial is due to commence in June 2025.

Why is this case important

1. The decision from this case will impact how copyright law is applied.

Most businesses, regardless of their size or industry, generate content which is protected by copyright law. Copyright is a type of intellectual property right that protects the expression of an idea in the form of literary works (e.g. articles), artistic works (e.g. images, logos), musical works as well as non-literary works such as software and databases, amongst other categories.

2. AI is currently being trained using your copyright.

This process of training by AI developers has left copyright owners confused as the rights they have in their works and fearful that AI will start to take over other industries if developers are freely allowed to access their works. It is hoped that Getty Images v Stability AI provides clarity on this question of whether third party content can be used for the purposes of training AI models.

Background

3. The Case was commenced by Getty Images.

Getty Images is a well-known media company that stores and supplies visual and digital media content and it is the Claimant in the action. Stability AI is the Defendant in the action and the developer of the model called Stable Diffusion which generates synthetic images from both written and image prompts. Getty Images claimed that Stability AI infringed its intellectual property rights by:

• Training the model: copyright and database infringement by Stability AI of using roughly 12 million pieces of content from its database to train its model.
• Output of the model: copyright infringement as some of the images produced by the model were substantially similar to protected images. Trade mark infringement and passing off as some images still included Getty Images’ watermarks.
• Introducing the model to the UK: Secondary copyright infringement as Stability AI introduced the copyrighted work into the UK.

4. Stability AI Defended its Position.

Stability AI’s position is that it could not have infringed the rights held by Getty Images as the sourcing and training took place outside of the UK. It also stated that by putting in prompts the user of the AI tool is liable for any infringement as the user can vary the degree of similarity of the output. Stability AI are also attempting to rely on the defence of “pastiche” as the works produced are an imitation of the original works. They contend that anything has been introduced into the UK as the Stability AI model is not an “article” for the purposes of the relevant legislation. 

The Impact on you and your business

5. Greater ability to enforce your copyright.

If the judgment is in favour of Getty, copyright owners will be entitled to impose stricter requirements on AI developers and demand compensation for the use of their intellectual property in the training of an AI model.

6. Freedom to use copyright content to train AI models.

If, however, the ruling is in favour of Stability AI, any publicly available content may be able to be used for the purposes of training AI models. For AI developers, the judgment could be critical in determining whether it is beneficial to develop models in the UK or whether it would be more attractive to develop in a different territory.

With the rising debate of where the balance lies between the protection of copyright owners, and the promotion of AI innovation and technology, the case is likely to give us clarity on the UK’s position as to the legal and ethical boundaries of AI. For more legal background please visit our TLT TechKnow page. 

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at May 2025. Specific advice should be sought for specific cases. For more information see our terms and conditions.