UK case tests copyright limits in AI age

A court case got underway in London on Monday that could have a major effect on how artificial intelligence is used in the creative industries.

The case, which is being heard in London's High Court, was brought by Getty Images, a visual media company that specializes in supplying stock photographs and videos to enterprises in the entertainment industry.

The company, which is based in Seattle, the United States, is claiming that Stability AI, which uses AI to create images, has infringed upon its copyright.

Experts believe the outcome could serve as a precedent that influences how we regard the legality of images and videos created by AI.

Rebecca Newman, a lawyer from Addleshaw Goddard law firm in London, told Reuters: "Legally, we're in uncharted territory. This case will be pivotal in setting the boundaries of the monopoly granted by UK copyright in the age of AI."

She said a win for Getty Images would mean companies such as Stability AI will face a slew of other lawsuits, especially over their use of copyrighted images to "train" AI programs.

Cerys Wyn Davies, from the law firm Pinsent Masons in London, added that the High Court's ruling "could have a major bearing on market practice, and the UK's attractiveness as a jurisdiction for AI development".

Getty Images is also launching an identical lawsuit in the US.

The company is contending that Stability AI copied 12 million of its images without seeking permission or paying compensation. It says the images will help Stability AI build a competing business.

Lawyers believe the outcome of the cases will help frame government policy on AI throughout the world.

Stability AI has denied infringing Getty Images' copyrights and a spokesperson said "the wider dispute is about technological innovation and freedom of ideas".

"Artists using our tools are producing works built upon collective human knowledge, which is at the core of fair use and freedom of expression," the spokesperson said.

While Getty Images is leading the way in challenging AI access to work created by humans, the company's chief executive, Craig Peters, said earlier this month that the costs of such lawsuits are too much for the company to bear in the long term.

Peters told US news channel CNBC that Getty Images has already spent a fortune on such battles.

"Even for a company like Getty Images, we can't pursue all the infringements that happen in one week," he said.

"We can't pursue it because the courts are just prohibitively expensive. We are spending millions and millions of dollars in one court case."

The dispute between Getty Images and Stability AI began back in January 2023.

In September that year, Getty Images released its own AI image generator trained on its library of licensed stock images.