Getty Images (US), Inc & Ors v Stability AI Ltd

Getty Images (US), Inc & Ors v Stability AI Ltd

Penal notice rejected due to voluntary undertaking and lack of evidence regarding third parties; primary copyright and database right infringement claims dismissed with clarification they were abandoned at closing submissions; permission to appeal granted to claimants on secondary copyright infringement due to novel legal issue; permission to appeal refused to defendant on trade mark infringement as grounds lacked real prospect of success and were attempts to challenge factual findings.

Parties
Claimant: Getty Images (US), Inc.; Claimant: Getty Images International U. C.; Claimant: Getty Images (UK) Limited; Claimant: Getty Images Devco UK Limited; Claimant: iStockphoto LP; Claimant: Thomas M. Barwick, Inc.; Defendant: Stability AI Ltd
Jurisdiction
England and Wales
Judgment Date
18 December 2025
Procedural Posture
Intellectual Property / Post Trial, Permission to Appeal Applications
Outcome
Penal notice rejected; primary copyright and database right infringement claims dismissed; permission to appeal granted to claimants on secondary copyright infringement; permission to appeal refused to defendant on trade mark infringement.
Legal Topics
AI Models, Secondary Infringement, Trade Mark Infringement, Database Right, Statutory Construction
Intellectual Property Trademark Copyright AI Models Secondary Infringement Trade Mark Infringement Database Right Statutory Construction

Case Brief

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Parties

Getty Images (US), Inc.

Claimant

Getty Images International U. C.

Claimant

Getty Images (UK) Limited

Claimant

Getty Images Devco UK Limited

Claimant

iStockphoto LP

Claimant

Thomas M. Barwick, Inc.

Claimant

Stability AI Ltd

Defendant

Procedural Posture

Intellectual Property / Post Trial, Permission to Appeal Applications

Legal Issues

  1. 1 Whether penal notice should be included in the order
  2. 2 Disposition of primary copyright and database right infringement claims
  3. 3 Permission to appeal dismissal of secondary copyright infringement

Ratio Decidendi

Penal notice rejected due to voluntary undertaking and lack of evidence regarding third parties; primary copyright and database right infringement claims dismissed with clarification they were abandoned at closing submissions; permission to appeal granted to claimants on secondary copyright infringement due to novel legal issue; permission to appeal refused to defendant on trade mark infringement as grounds lacked real prospect of success and were attempts to challenge factual findings.

Court Disposition

Penal notice rejected; primary copyright and database right infringement claims dismissed; permission to appeal granted to claimants on secondary copyright infringement; permission to appeal refused to defendant on trade mark infringement.

Orders

  • Penal notice not included in order.
  • Dismissal of primary copyright and database right infringement claims with clarification of circumstances.