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28 November 2025
Issue: 8141 / Categories: Legal News , Artificial intelligence , Intellectual property , Copyright , Technology
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NLJ this week: AI copyright clash

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Getty Images v Stability AI Ltd [2025] EWHC 2863 (Ch) was a landmark test of how UK law applies to AI training—but does it leave key questions unanswered, asks Emma Kennaugh-Gallagher of Mewburn Ellis in NLJ this week

Getty alleged that Stable Diffusion was built from millions of its unlicensed photos, breaching copyright and trade marks. Mrs Justice Joanna Smith found no secondary copyright infringement because the model weights did not reproduce the works themselves, though early versions did infringe Getty’s trade marks by generating synthetic images with iStock watermarks.

For developers, the judgment offers relief: training abroad may avoid liability if models don’t store copies. For rightsholders, it underscores the evidential barriers and the need for transparency about datasets.

While Getty’s partial win brings limited clarity, the ruling signals the start—not the end—of the legal story on generative AI.

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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