Getty Images (US), Inc & Ors v Stability Ai Ltd [2025] EWHC 109 (Ch) (01 May 2025)

Getty Images (US), Inc & Ors v Stability Ai Ltd [2025] EWHC 109 (Ch) (01 May 2025)

The SOCDT constitutes a very late amendment introducing new material facts and technical allegations that should have been pleaded earlier. The claimants failed to provide a good reason for the delay. Permitting the SOCDT would cause significant prejudice to the defendant, who would not have sufficient time to investigate and respond before trial. The balance of justice and the overriding objective require refusal of permission for the majority of the SOCDT, except for certain uncontroversial sections (definitions and some evidence-based sections) with excisions as specified.

Citation
[2025] EWHC 109 (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
01 May 2025
Procedural Posture
Intellectual Property / Interlocutory Application Before Trial
Outcome
Application refused in substantial part; permission granted only for limited sections of the SOCDT with excisions.
Legal Topics
Copyright Infringement, Database Right, Pleadings and Amendments, Disclosure, Case Management
Intellectual Property Civil Procedure Copyright Infringement Database Right Pleadings and Amendments Disclosure Case Management

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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 / Interlocutory Application Before Trial

Legal Issues

  1. 1 Whether the claimants should be granted permission to rely on a late statement of case on development and training (SOCDT) introducing new allegations and material facts.
  2. 2 Whether the proposed SOCDT constitutes a late or very late amendment requiring application of the relevant procedural rules.
  3. 3 Whether the defendant would suffer prejudice if the SOCDT is permitted at this stage.

Ratio Decidendi

The SOCDT constitutes a very late amendment introducing new material facts and technical allegations that should have been pleaded earlier. The claimants failed to provide a good reason for the delay. Permitting the SOCDT would cause significant prejudice to the defendant, who would not have sufficient time to investigate and respond before trial. The balance of justice and the overriding objective require refusal of permission for the majority of the SOCDT, except for certain uncontroversial sections (definitions and some evidence-based sections) with excisions as specified.

Court Disposition

Application refused in substantial part; permission granted only for limited sections of the SOCDT with excisions.

Orders

  • Permission to rely on Section A (definitions) of the SOCDT granted, subject to relevance.
  • Permission to rely on Sections C and D (datasets) granted, but references to LAIOCO and coyo700m datasets and inferences from absence of records must be excised.