In a pivotal legal battle set to unfold this summer, the UK High Court will hear Getty Images v. Stability AI, a case that could significantly shape how artificial intelligence (AI) development is treated under UK copyright law.
The Core Dispute
Getty Images, a leading global visual content provider, is suing Stability AI, the company behind the generative AI platform Stable Diffusion. The central allegation is that Stability AI used millions of copyrighted images owned by Getty to train its AI systems without obtaining a licence. Getty claims that this infringes multiple rights, including copyright, database rights, and potentially trademarks.
Stability AI has admitted that its model was trained on datasets containing Getty’s imagery but contends that the training occurred primarily outside the UK (notably in the United States). It argues that this limits the reach of UK copyright law. Stability also maintains that the AI’s outputs are new and transformative rather than reproductions of existing works.
Legal Proceedings and Implications
The High Court recently rejected Stability AI’s attempt to have the case struck out, meaning the dispute will proceed to a full trial. This case will test several important legal issues:
- Jurisdictional reach – Can UK copyright law apply to AI model training conducted abroad, if the outputs are used or distributed in the UK?
- Definition of infringement – Does copying copyrighted works into a training dataset constitute infringement under UK law, even if the AI does not reproduce them verbatim?
- Secondary infringement – Could distributing an AI model trained on copyrighted material constitute unlawful use within the UK?
This will be one of the first UK cases to test the application of the Copyright, Designs and Patents Act 1988 to AI systems. The outcome could set a binding precedent and prompt legislative reform in the IP sector to address the challenges of machine learning and generative technologies.
What This Means for You
For small and medium-sized enterprises (SMEs), particularly those working in tech, media, or digital content, this case has direct and long-term implications:
1. Licensing Expectations Will Evolve
If the court sides with Getty Images, AI developers and digital product businesses may need to be more proactive in securing copyright licences for training datasets. This could create new licensing markets for SMEs that own original images, designs, or media content.
2. AI Adoption Will Require Greater Legal Diligence
SMEs using or developing AI tools—particularly in marketing, design, or product development—may need to verify the provenance of the AI systems they use. Businesses that rely on third-party AI platforms could be held liable if those tools are found to have been trained on infringing content.
3. Regulatory Clarity Could Create Competitive Advantage
Whichever way the case is decided, the ruling will clarify the UK’s legal stance on AI and copyright. SMEs that adapt early to the post-decision landscape—whether by auditing their AI use or adopting IP-compliant AI models—will be better positioned to avoid disputes and demonstrate ethical practice.
4. Legal Costs and Exposure Risks
A favourable outcome for rights holders may also increase the risk of legal exposure for SMEs who unknowingly use AI outputs trained on copyrighted data. Understanding contract terms, indemnities, and usage rights will become more important when procuring AI solutions.
Conclusion
The outcome of Getty Images v. Stability AI could become a cornerstone in UK copyright jurisprudence for the AI era. It will test the balance between innovation and intellectual property protection—one that will affect not only large tech firms but also SMEs seeking to integrate or monetise AI-driven technologies.
Lawble will continue to provide expert insight and guidance as the case progresses and the legal framework evolves.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
