Getty Images v. Stability AI

“Getty fights unauthorized AI training on its images—copyright dropped, but watermark misuse, trademark and secondary infringement remain.”

Short Summary :

Getty Images filed lawsuits in both the UK and US against Stability AI, alleging unauthorized use of over 12 million copyrighted images to train its AI model, Stable Diffusion. As of June 2025, Getty has narrowed its UK claims by dropping primary copyright infringement, now pursuing trademark infringement, passing off, and secondary copyright infringement—particularly related to watermark misuse and jurisdictional reach. The High Court has allowed the case to go to trial, which may reshape AI-related copyright law in the UK.

Facts :

⦁ Getty Images accused Stability AI of scraping millions of images—without a license—to train its AI model, Stable Diffusion.

⦁ Getty also claims the AI produces outputs bearing Getty’s watermarks, potentially misleading consumers and diluting the brand.

⦁ Litigation was initiated in early 2023 in both the UK High Court (London) and U.S. district court in Delaware.

⦁ Stability AI argues the content is public or fair use, and disputes UK jurisdiction since the model was trained on U.S.-based servers.

Findings / Procedural Developments :

⦁ In December 2023, the UK High Court refused to strike out Getty’s claims under copyright, database rights, and trademark—they will proceed to trial.

⦁ Judge Joanna Smith noted inconsistencies in Stability AI’s CEO’s public statements, necessitating full disclosure and a trial to resolve credibility and jurisdictional issues.

⦁ The trial began around June 2025 and is viewed as a pivotal case influencing AI licensing practices.

⦁ Getty dropped its primary copyright claims—likely due to difficulties linking model training to UK law—and now focuses on trademark infringement, passing off, and secondary copyright infringement (importation of infringing “software articles”)

Suggestion / Implications :

⦁ Jurisdictional Reach: If models trained offshore can still infringe via UK availability, this opens the door to increased legal accountability for AI developers globally.

⦁ Trademark Risk: Reproducing recognizable watermarks in generated content may constitute trademark infringement or passing off—even if unintentional.

⦁ Secondary Infringement Debate: Treating pre-trained models themselves as potentially infringing “articles” could transform legal frameworks for AI model distribution.

⦁ Industry Precedent: The outcome could prompt AI developers to secure licenses, adopt opt-out systems, or face greater liability in major markets.

⦁ Strategic Litigation: Getty’s focused pursuit of stronger claims reflects a potential blueprint for rights-holders in challenging AI practices.

Judgment / Current Status :

⦁ Case Filed : Early 2023

⦁ High Court Ruling (Striking Out) : December 2023 – Court allowed the case to proceed.

⦁ Trial Start : June 9, 2025 – High Court proceedings begin.

⦁ Claims Dropped : June 25, 2025 – Getty officially withdrew its UK copyright infringement allegations, focusing on trademark, passing off, and secondary copyright infringement.

⦁ Awaiting Judgment : The final decision is pending following closing arguments