The U.S. artists sued in California court, while Getty Images proceeded in the U.K. High Court. For both plaintiffs, the infringement lies in the use without permission given by the platform to create works and commercialize them.
Although it is the “individual” artificial intelligence platform that generates the images, Stability-AI had to grant access to those elements, and under that assumption, since there is no license, they should not have the possibility to be inspired by them.
Getty Images also argues that the conduct does not fall within the scope of what is called fair use in the US, or fair dealing in the UK. There is currently no legal development on the authorship of a work created by artificial intelligence, and therefore it is not clear how these creations should be managed.
The decisions taken by the Courts will set a precedent for the questions raised by this issue and could mark a before and after for generative artificial intelligence platforms.
