Artificial intelligence (AI) can often feel like a magical entity, displaying remarkable intelligence as it educates users, retrieves information, and even generates images. However, this sophistication is rooted in extensive data used to train AI models. The source of this data, particularly concerning its legality and ethics, is increasingly coming under scrutiny. A notable example of this is Getty Images’ lawsuit against Stability AI.
Getty Images is a well-known provider of stock photos, which companies often utilize for various purposes, including magazines, newspapers, and websites. As a paid service, these images are not free for public use. In a significant copyright lawsuit, Getty Images accuses Stability AI of unlawfully using its photographs to develop its Stable Diffusion system. Getty refers to this as a “brazen infringement” on its intellectual property rights.
Previously, in 2023, Getty’s CEO, Craig Peters, publicly criticized Stability AI’s actions as “inappropriate.” Attorney Lindsay Lane emphasized, “The problem is when AI companies such as Stability AI want to use those works without payment.” Stability AI, on the other hand, argues that Getty’s legal actions stem from a perceived threat to its business. They assert that the lawsuit is an attempt to undermine competition.
Nevertheless, Getty maintains that the suit is fundamentally about protecting intellectual property rights while suggesting that both the AI and stock image industries can coexist beneficially. The issue of AI companies using creators’ works without permission is not isolated. For instance, Ziff Davis, publisher of popular sites like IGN and PCMag, has also filed a lawsuit against OpenAI for employing articles from its websites in training AI models. Furthermore, many photographers are voicing concerns that AI image generators, including Midjourney, utilize their photographs without consent.
Complicating matters, some AI companies are selective about compensating creators for their work. While Amazon has reached an agreement with the New York Times for AI training, OpenAI has formed partnerships with numerous publishers yet has notably excluded Ziff Davis. Should Getty win its lawsuit against Stability AI, it could establish a crucial precedent for similar future cases.