Stability Lawsuits Allege Copyright Infringement in AI Image Software

Written by Mariah Sitler

Stability AI, Inc. has recently been named as a defendant in two separate lawsuits alleging, among other claims, that the company infringed on the rights of copyright holders by using their images without permission to train its AI text-to-image software, Stable Diffusion. Stability uses Stable Diffusion to power its commercial, web-based AI art platform, DreamStudio, where users can input text prompts to receive an AI-generated image. These lawsuits raise questions about the future of machine-learning technology and its impact on creative professions. 

On January 13, 2023, a proposed class of artists filed a Complaint in the Northern District of California, alleging Stability used their work to train Stable Diffusion to create images that mimic their artistic style in response to the text prompt “in the style of” followed by the artist’s name. The Complaint also named defendants Midjourney, Inc. and Deviant Art, Inc., who operate their own AI art platforms using Stable Diffusion’s technology. 

On February 3, 2023, Getty Images, Inc. filed a Complaint in the District of Delaware alleging that Stability used Getty’s extensive catalog of copyrighted images and associated text to train the program without permission. The Complaint points to output images that bear a mark that resembles Getty’s famous watermark as clear evidence of copyright infringement. In January, Getty announced that they filed a similar action against Stability in the High Court of Justice in London.

Stable Diffusion uses massive datasets of images scraped from the internet to train its software to generate realistic and visually compelling images. Attorneys for the proposed class of artist plaintiffs call the software “A 21st-Century Collage Tool,” arguing that the images it creates are necessarily derivative works of those included in the datasets. Both Complaints allege Stability has exploited creative professionals and license holders by wrongfully using their work to create profitable software to compete with their labor.

Stability has yet to answer either Complaint. If the parties don't settle before a decision is issued, the outcome of these cases will likely turn on whether the trial courts interpret "fair use" as defined by 17 U.S. Code § 107 to encompass the use of copyrighted images to train AI.

Sources:

Complaint, Andersen v. Stability AI, Ltd., No. 3:23-cv-00201 (N.D. Cal. filed Jan. 13, 2023). 

Complaint, Getty Images, Inc. v. Stability AI, Inc., No. 1:23-cv-00135 (D. Del. filed Feb. 3, 2023).