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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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