Stability AI, Midjourney should face artists' copyright case, judge says; Reuters, May 8, 2024

Blake Brittain, Reuters; Stability AI, Midjourney should face artists' copyright case, judge says

"A California federal judge said he was inclined to green-light a copyright lawsuit against Stability AI, Midjourney and other companies accused of misusing visual artists' work to train their artificial intelligence-based image generation systems.

U.S. District Judge William Orrick said on Tuesday that the ten artists behind the lawsuit had plausibly argued that Stability, Midjourney, DeviantArt and Runway AI copied and stored their work on company servers and could be liable for using it without permission...

Orrick also said that he was likely to dismiss some of the artists' related claims but allow their allegations that the companies violated their trademark rights and falsely implied that they endorsed the systems.

The case is Andersen v. Stability AI, U.S. District Court for the Northern District of California, No. 3:23-cv-00201."

Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims; JD Supra, November 20, 2023

  Adam Philipp, AEON Law, JD Supra; Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims

"One of the plaintiffs’ theories of infringement was that the output images based on the Training Images are all infringing derivative works.

The court noted that to support that claim the output images would need to be substantially similar to the protected works. However, noted the court,

none of the Stable Diffusion output images provided in response to a particular Text Prompt is likely to be a close match for any specific image in the training data.

The plaintiffs argued that there was no need to show substantial similarity when there was direct proof of copying. The judge was skeptical of that argument.

This is just one of many AI-related cases making its way through the courts, and this is just a ruling on a motion rather than an appellate court decision. Nevertheless, this line of analysis will likely be cited in other cases now pending.

Also, this case shows the importance of artists registering their works with the Copyright Office before seeking to sue for infringement."