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

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

The court refused to permit the Sixth Claimant to act as a representative under CPR 19.8 because the proposed class definition was dependent on the outcome of the litigation and could not be objectively ascertained in advance. The court also refused the alternative application under CPR 19.3 due to lack of evidence that the Defendant would be protected from future claims by exclusive licensors, and because the Claimants had not provided sufficient proposals or undertakings to address this risk. The court emphasised the need for clear, workable case management and class definition before permitting such large-scale representative or non-joinder actions.

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 and Related Claims / Interlocutory Application at Case Management Conference (cmc) Regarding Representative Action and Joinder Under CPR 19.8 and CPR 19.3
Outcome
Application granted in favour of the Defendant; Sixth Claimant may not act as representative; informal application under CPR 19.3 dismissed.
Legal Topics
Copyright Infringement, Database Right Infringement, Trade Mark Infringement, Passing Off, Representative Actions, Case Management, Exclusive Licence, Joinder of Parties, Sampling in Litigation
Intellectual Property Civil Procedure Copyright Infringement Database Right Infringement Trade Mark Infringement Passing Off Representative Actions Case Management +3 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 and Related Claims / Interlocutory Application at Case Management Conference (cmc) Regarding Representative Action and Joinder Under CPR 19.8 and CPR 19.3

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 for representative proceedings is sufficiently certain and not dependent on the outcome of litigation
  3. 3 Whether the court should permit the claim to proceed without joinder of all exclusive licensors under CPR 19.3 and section 102(1) CDPA

Ratio Decidendi

The court refused to permit the Sixth Claimant to act as a representative under CPR 19.8 because the proposed class definition was dependent on the outcome of the litigation and could not be objectively ascertained in advance. The court also refused the alternative application under CPR 19.3 due to lack of evidence that the Defendant would be protected from future claims by exclusive licensors, and because the Claimants had not provided sufficient proposals or undertakings to address this risk. The court emphasised the need for clear, workable case management and class definition before permitting such large-scale representative or non-joinder actions.

Court Disposition

Application granted in favour of the Defendant; Sixth Claimant may not act as representative; informal application under CPR 19.3 dismissed.

Orders

  • Sixth Claimant (Thomas M Barwick Inc) is not permitted to act as a representative party under CPR 19.8.
  • Claimants' informal application for permission to proceed without joinder under CPR 19.3 is dismissed.