The much-anticipated trial between Getty Images and Stability AI opened last week at the UK High Court, signalling what Getty’s legal team described as a “day of reckoning” for the generative AI industry and its relationship with intellectual property law.
Getty accuses Stability AI, developer of the image generator Stable Diffusion, of infringing copyright and trademark rights by scraping millions of images from Getty’s database without permission to train its AI model. The landmark case could establish new precedent for how UK copyright law applies to digital training data and synthetic content generated by AI.
In opening remarks, Getty’s counsel emphasised that the case is not an attack on innovation but rather a defence of existing legal frameworks. “There is no AI without creative works on which to train,” counsel Lindsay Lane KC argued, adding that Stability’s approach amounted to “riding roughshod over intellectual property rights”.
The stock photography company alleges secondary infringement under the UK Copyright, Designs and Patents Act, arguing that importing and using Stable Diffusion in the UK constitutes dealing in infringing copies. Getty also contends that AI-generated images often reproduce substantial parts of its protected works, and that the unauthorised use of its watermark in synthetic outputs could mislead consumers and tarnish its brand.
Stability AI has pushed back strongly. It describes Getty’s claims as speculative, legally flawed, and a threat to the wider generative AI ecosystem. Counsel for Stability, Hugo Cuddigan KC, said that Getty is attempting to apply a “historic, frozen interpretation” of copyright law to new technology and that the claims are so broad they represent “an overt threat” to the entire business model of generative AI.
Complicating proceedings, the judge ruled that Getty cannot rely during trial on arguments relating to alleged child sexual abuse material (CSAM) appearing with its watermark—though Getty may seek to appeal this decision in parallel to the ongoing hearings.
The trial arrives amid broader policy debates in the UK over data scraping and copyright protection in the age of AI. It also reflects international tensions, with a parallel case underway in the United States.
A ruling is not expected before the end of the year, but the outcome could shape how UK law treats AI-generated content and clarify whether creators are entitled to compensation when their works are used to train commercial AI systems. For the creative industries and news media alike, the court’s decision may be a defining moment in the global effort to ensure AI development respects rights and the rule of law.
Further information available at:
Reuters – Getty argues its landmark UK copyright case does not threaten AI
The Times – Getty Images sues AI firm in landmark case for copyright law
The Independent – Getty Images’ legal action against AI firm is ‘day of reckoning’
AP News – Getty Images and Stability AI face off in British copyright trial that will test AI industry
