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05 November 2025
Issue: 8138 / Categories: Legal News , Artificial intelligence , Technology , Intellectual property , Copyright
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Getty v Stability AI: Potential landmark case fizzles out

Intellectual property lawyers have expressed disappointment a ground-breaking claim on the use of artificial intelligence (AI) ended with no precedent being set

In Getty Images (UK) and others v Stability AI [2025] EWHC 2863 (Ch), photo agency Getty sought to protect its millions of high-quality photographic images and alleged Stability scraped those images to train its AI model, Stable Diffusion, without consent. However, the claim faced jurisdictional issues as Getty could not prove the training took place in the UK. Getty also scaled back its claim as Stability had blocked prompts used to generate images that would lead to primary infringement.

Luke Maunder, partner at Osborne Clarke, said the decision did not address the ‘core issue of the alleged primary copyright infringement by the training of AI models.

‘The field is open and we may still see government policy or legislation before a case tries to cut that Gordian Knot’.

Ellen Keenan-O'Malley, solicitor at EIP, said: ‘From a copyright law perspective, this case ended up being a damp squib.’

Handing down judgment this week, Mrs Justice Joanna Smith held Stability breached Getty’s trade mark by reproducing its watermark on generated images but dismissed Getty’s secondary infringement claim.

James Clark, partner at Spencer West, said: ‘At the end of the training process, the AI model did not store any copy of the protected works, and the model itself was not itself an infringing copy of such work.

‘It is this finding that will cause concern for the creative industry while giving encouragement to AI developers.

‘The judgment usefully highlights the problem that the creative industry has in bringing a successful copyright infringement claim in relation to the training of large language models. During the training process, the model is not making a copy of the work used to train it, and it does not reproduce that work when prompted for an output by its user.’

Nathan Smith, IP partner at Katten Muchin Rosenman, said: ‘On the face of it, the judgment appears to present a win for the AI community, but arguably leaves the legal waters of copyright and AI training as murky as before.’

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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