


LONDON — Photo and video giant Getty Images is facing off against artificial intelligence company Stability AI in a London courtroom for the first major copyright trial of the generative AI industry.
Opening arguments before a judge at the British High Court began Monday. The trial could last for three weeks.
Stability, based in London, owns a widely used AI image-making tool that sparked enthusiasm for the instant creation of AI artwork and photorealistic images upon its release in August 2022. OpenAI introduced its surprise hit chatbot ChatGPT three months later.
Seattle-based Getty has argued that the development of the AI image maker, called Stable Diffusion, involved “brazen infringement” of Getty’s photography collection “on a staggering scale.”
Tech companies have long argued that “fair use” or “fair dealing” legal doctrines in the United States and United Kingdom allow them to train their AI systems on large troves of writings or images. Getty was among the first to challenge those practices when it filed copyright infringement lawsuits in the United States and the United Kingdom in early 2023.
“What Stability did was inappropriate,” Getty CEO Craig Peters told The Associated Press in 2023. He said creators of intellectual property should be asked for permission before their works are fed into AI systems rather than having to participate in an “opt-out regime.”
Getty’s legal team told the court Monday that its position is that the case isn’t a battle between the creative and technology industries and that the two can still work together in “synergistic harmony” because licensing creative works is critical to AI’s success.
“The problem is when AI companies such as Stability AI want to use those works without payment,” said Getty’s trial lawyer, Lindsay Lane.
Stability lawyers will make their opening arguments Tuesday. They said in a written argument that Getty’s claims “represent an overt threat to Stability’s whole business, and the wider generative AI industry.”