Getty Images’ legal action, according to our Michael Coyle should encourage businesses that intend to use other people’s data to train AI systems to first conduct extensive due diligence to ascertain whether there are any restrictions on using that data.

Categories: Artificial Intelligence, Copyright, Copyright Claim, Copyright Infringement, Copyright Protection

Michael Coyle
December 29, 2024

Getty issued the following statement: “This week Getty Images commenced legal proceedings in the High Court of Justice in London against Stability AI claiming Stability AI infringed intellectual property rights including copyright in content owned or represented by Getty Images. It is Getty Images’ position that Stability AI unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images absent a license to benefit Stability AI’s commercial interests and to the detriment of the content creators.

Getty Images believes artificial intelligence has the potential to stimulate creative endeavors. Accordingly, Getty Images provided licenses to leading technology innovators for purposes related to training artificial intelligence systems in a manner that respects personal and intellectual property rights. Stability AI did not seek any such license from Getty Images and instead, we believe, chose to ignore viable licensing options and long‑standing legal protections in pursuit of their stand‑alone commercial interests.”

Limited exceptions to copyright infringement are provided by the Copyright, Designs and Patents Act of 1998. One exception allows text and data mining (TDM) of copyrighted works for non-commercial purposes, provided that the AI developer has lawful access to the work via, for example, a licence, subscription, or permission in terms and conditions. Those reforms have not yet been implemented, however.

https://www.gov.uk/government/consultations/copyright-and-artificial-intelligence/copyright-and-artificial-intelligence#bcopyright-and-artificial-intelligence

Info@lawdit.co.uk

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Written By:

Michael Coyle

Michael is Lawdit’s Principal and heads our Commercial and Intellectual Property Department. As a Solicitor Advocate, he is one of a select group of legal experts qualified to represent clients as an advocate in the Higher Courts in England and Wales. He holds a Master of Laws degree (LL.M) from Nottingham Trent University and is a guest lecturer at Southampton Solent University. He has also completed a teaching stint at the Academy of Music in Guildford where Michael taught copyright law. Michael is highly regarded for his work in all areas of intellectual property law (which includes the eCommerce and IT fields), litigation and company/commercial matters. He regularly advises on non-contentious issues including regulatory and statutory obligations and has been involved in many successful disputes, with a strong reputation for finding common sense and practical solutions for clients. In 2017, Michael was awarded the honorary degree of Doctor of Law from Southampton Solent University for his contribution to the University and his continued support to its students.