Getty Images (US) Inc & Ors v Stability AI Ltd [2025] EWHC 38 (Ch) (14 January 2025)

Getty Images (US) Inc & Ors v Stability AI Ltd [2025] EWHC 38 (Ch) (14 January 2025)

The court held that the representative claim as formulated by the Claimants could not proceed under CPR 19.8 because the proposed class definition was impermissibly dependent on the outcome of the litigation (i.e., whether copyright had been infringed), contrary to established authority. The class was not ascertainable independently of the result, and the need for individualised assessment of liability and damages rendered the representative procedure inappropriate for the claims advanced. The Sixth Claimant was therefore not permitted to act as a representative party for the class of exclusive licensors.

Citation
[2025] EWHC 38 (Ch)
Parties
Claimant: Getty Images (US) Inc; Claimant: Getty Images International UC; 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
14 January 2025
Procedural Posture
Intellectual Property Copyright Infringement / Interlocutory Application at Case Management Conference (cmc) Regarding Representative Action Under CPR 19.8
Outcome
Application granted; Sixth Claimant may not act as representative under CPR 19.8.
Legal Topics
Copyright Infringement, Representative Actions, Database Right Infringement, Trade Mark Infringement, Passing Off, Case Management, Sampling, Exclusive Licence, CPR 19.8, CPR 19.3
Intellectual Property Civil Procedure Copyright Infringement Representative Actions Database Right Infringement Trade Mark Infringement Passing Off Case Management +4 more

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Parties

Getty Images (US) Inc

Claimant

Getty Images International UC

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 Copyright Infringement / Interlocutory Application at Case Management Conference (cmc) Regarding Representative Action Under CPR 19.8

Legal Issues

  1. 1 Whether the Sixth Claimant (Thomas M Barwick Inc) may act as a representative party for a class of exclusive licensors under CPR 19.8
  2. 2 Whether the class definition proposed by the Claimants is permissible under the 'same interest' requirement
  3. 3 Whether the representative action is appropriate given the need for individualised assessment of damages and liability

Ratio Decidendi

The court held that the representative claim as formulated by the Claimants could not proceed under CPR 19.8 because the proposed class definition was impermissibly dependent on the outcome of the litigation (i.e., whether copyright had been infringed), contrary to established authority. The class was not ascertainable independently of the result, and the need for individualised assessment of liability and damages rendered the representative procedure inappropriate for the claims advanced. The Sixth Claimant was therefore not permitted to act as a representative party for the class of exclusive licensors.

Court Disposition

Application granted; Sixth Claimant may not act as representative under CPR 19.8.

Orders

  • The Sixth Claimant, Thomas M Barwick Inc, is not permitted to act as a representative party for the class of exclusive licensors under CPR 19.8.
  • The representative claim is struck out; the proceedings may continue only in respect of the individually named Claimants.