Andrew R. Lee, Timothy P. Scanlan, Jr. of Jones Walker LLP , The National Law Review; Two Major Lawsuits Aim to Answer a Multi-Billion-Dollar Question: Can AI Train on Your Creative Work Without Permission?
"In a London courtroom, lawyers faced off in early June in a legal battle that could shape the future relationship between artificial intelligence and creative work. The case pits Getty Images, a major provider of stock photography, against Stability AI, the company behind the popular AI art generator, Stable Diffusion.
At the heart of the dispute is Getty's claim that Stability AI unlawfully used 12 million of its copyrighted images to train its AI model. The outcome of this case could establish a critical precedent for whether AI companies can use publicly available online content for training data or if they will be required to license it.
On the first day of trial, Getty's lawyer told the London High Court that the company “recognises that the AI industry overall may be a force for good,” but that did not justify AI companies “riding roughshod over intellectual property rights.”
A Key Piece of Evidence
A central component of Getty's case is the observation that Stable Diffusion's output sometimes includes distorted versions of the Getty Images watermark. Getty argues this suggests its images were not only used for training but are also being partially reproduced by the AI model.
Stability AI has taken the position that training an AI model on images constitutes a transformative use of that data. The argument is that teaching a machine from existing information is fundamentally different from direct copying."
