Getty Images & Others v. Stability AI Ltd [2025] EWHC 38 (Ch)

The case Getty Images & Others v. Stability AI Ltd involves a lawsuit filed by Getty Images and associated companies against Stability AI Ltd, a company that develops and provides access to the Stable Diffusion AI model. The claimants allege that Stability AI engaged in copyright infringement, database right infringement, trademark infringement, and passing off by using Getty Images' copyrighted works without permission to train its AI model.

Key Allegations

  1. Unauthorized Scraping & Use of Copyrighted Images

    • Getty claims that Stability AI scraped millions of images from its platforms without consent and used them to train Stable Diffusion.

    • Stability AI admits that "at least some" images from Getty's website were used but has not identified which ones.

  2. Claims of Copyright Infringement

    • Training & Development Claim: Stability AI allegedly stored and copied Getty’s copyrighted works on UK-based servers for AI training.

    • Secondary Infringement Claim: Stability AI allegedly imported pre-trained models into the UK, making them available for commercial use.

    • Output Claim: Getty argues that AI-generated images reproduce a substantial part of copyrighted works or bear Getty’s trademarks.

  3. Representative Claim & Legal Issues

    • A class action was brought by the Sixth Claimant (Thomas M. Barwick, Inc) on behalf of 50,000+ photographers and content contributors with exclusive licenses to Getty.

    • Stability AI challenged whether this representative claim was valid, arguing that individual copyright claims require specific assessments.

Court Proceedings & Ruling

  • The case involved multiple procedural hearings, with Getty arguing that the scale of AI-related copyright infringement requires a broad legal mechanism.

  • Stability AI countered that Getty’s claims were too broad, lacked specificity, and required individualized assessments.

  • The court ultimately ruled that the representative claim could not proceed due to lack of clear class definition and identification.

  • However, the core copyright infringement claims will still go to trial in June 2025.

Key Legal Takeaways

  • The ruling highlights challenges in AI-related copyright claims, particularly regarding mass data scraping and AI-generated outputs.

  • It also underscores difficulties in using representative (class action) proceedings for copyright cases with multiple individual rights holders.