Getty's Landmark AI scraping trial begins in UK

Generative AI is new enough that its training data seems to be constantly up for debate — and that debate is heading to the courts in the UK in a new, sure-to-be landmark case between Getty Images and Stability AI.

In January 2023, Getty Images announced it was suing Stability AI for allegedly using its photos to train AI models without permission, violating existing copyright law. Getty accused Stability AI of copying and processing "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," the company said in a press release at the time.

Getty Images noted that they have provided licenses to other tech companies seeking to use their photos "for purposes related to training artificial intelligence systems in a manner that respects personal and intellectual property rights." Stability AI, the company said, didn't pursue a license with them "and instead, we believe, chose to ignore viable licensing options and long‑standing legal protections in pursuit of their stand‑alone commercial interests," the press release read.

In response, Stability AI told Out-Law at the time that it takes "these matters seriously" and that it the company only learned about the lawsuit "via the press."

Now, on June 9, London’s High Court is finally hearing the case.

Getty brought a similar lawsuit against Stability AI in the U.S., according to Reuters, but it has yet to hit the courts.

Stability argues that the training didn't take place in the UK and that the images generated from the AI don't use Getty's copyrighted works, Hack Read reported. According to the Associated Press, Stability said just a "tiny portion" of the outputs from its image-generator "look at all similar" to Getty images.

Reuters reported that a spokesperson for Stability AI said before the trial that "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, according to Reuters.

Stability AI lawyer Hugo Cuddingan argued that Getty's lawsuit poses an "overt threat" to "the wider generative AI industry," but Getty's lawyers argue that this isn't about AI; it's about copyright law.

"It is not a battle between creatives and technology, where a win for Getty Images means the end of AI," Getty's lawyer Lindsay Lane told the court, according to Reuters, adding: "The two industries can exist in synergistic harmony because copyright works and database rights are critical to the advancement and success of AI ... the problem is when AI companies such as Stability want to use those works without payment."

Disclosure: Ziff Davis, Mashable’s parent company, in April filed a lawsuit against OpenAI, alleging it infringed Ziff Davis copyrights in training and operating its AI systems.