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

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

The court found that the claimants' claims for copyright and database right infringement, trade mark infringement, and passing off raise triable issues and have a real prospect of success. There are factual disputes and evidential gaps that require investigation at trial, particularly regarding whether acts of development and training occurred in the UK and the involvement of UK-based personnel and resources. The meaning of 'article' for secondary infringement is a novel legal issue unsuitable for summary determination. The claimants are permitted to amend their pleadings to add the image-to-image feature claim, as it is properly particularised and raises arguable issues.

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
11 October 2024
Procedural Posture
Intellectual Property / Interlocutory Judgment on Summary Judgment and Amendment Applications
Outcome
Defendant's applications for summary judgment and strike out dismissed; claimants' application to amend particulars of claim granted.
Legal Topics
Summary Judgment, Strike Out, Amendment of Pleadings, AI and Copyright, Database Right Infringement, Secondary Infringement, Communication to the Public, Jurisdiction, Procedural Directions
Intellectual Property Copyright Database Rights Trade Marks Passing Off Summary Judgment Strike Out Amendment of Pleadings +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 29 Party arguments 2
Sign in to unlock

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 Judgment on Summary Judgment and Amendment Applications

Legal Issues

  1. 1 Whether the claimants' claims for copyright and database right infringement, trade mark infringement, and passing off should be summarily dismissed or struck out
  2. 2 Whether the claimants should be permitted to amend their particulars of claim to add an image-to-image feature claim
  3. 3 Whether the pleaded facts and evidence provide a real prospect of success for the claimants' claims, particularly regarding acts occurring in the UK

Ratio Decidendi

The court found that the claimants' claims for copyright and database right infringement, trade mark infringement, and passing off raise triable issues and have a real prospect of success. There are factual disputes and evidential gaps that require investigation at trial, particularly regarding whether acts of development and training occurred in the UK and the involvement of UK-based personnel and resources. The meaning of 'article' for secondary infringement is a novel legal issue unsuitable for summary determination. The claimants are permitted to amend their pleadings to add the image-to-image feature claim, as it is properly particularised and raises arguable issues.

Court Disposition

Defendant's applications for summary judgment and strike out dismissed; claimants' application to amend particulars of claim granted.

Orders

  • Summary judgment and strike out applications by the defendant are dismissed.
  • Claimants are granted permission to amend the particulars of claim as identified in the judgment, subject to provision of a final draft for review.