In Getty Images (US) Inc and others v Stability AI Ltd [2025] EWHC 2863 (Ch), the High Court of England and Wales has handed down its first major decision on how UK copyright and trademark law applies to AI image generators in Getty Images v Stability AI. The case provides limited but valuable guidance for AI developers and rights holders, though it stops short of deciding whether training AI models on copyrighted works constitutes infringement.
Getty claimed that Stability AI used millions of its copyrighted photos to train Stable Diffusion and that the model’s outputs, some showing Getty’s watermark, infringed its trademarks. Justice Joanna Smith ruled that the Stable Diffusion model does not store or reproduce copyrighted works, so it cannot be considered an infringing copy under the Copyright, Designs and Patents Act 1988. She also found that the model was trained outside the UK, limiting jurisdiction for any infringement claim.
Making the ruling a narrow victory for AI developers: training outside the UK without retaining copies of copyrighted works may avoid liability under UK law. However, Getty succeeded on limited trademark grounds, with the court finding that outputs showing its watermark breached sections 10(1) and 10(2) of the Trade Marks Act 1994. The judge described the ruling as “historic but extremely limited,” noting little evidence of widespread misuse.
The core issue—whether using copyrighted material for AI training without permission infringes copyright—remains unresolved. Since Getty withdrew its main copyright claim mid-trial, the court avoided deciding that question.
Key Practical Points
- Jurisdiction: Training location and data flow documentation are crucial for managing legal risk.
- Storage: Proving that models do not retain copies of training data can help defend against infringement claims.
- Trademark Risks: Watermarks or logos in AI outputs can still result in liability, even when copyright claims fail.
- Ongoing Uncertainty: The ruling aligns with recent U.S. decisions, giving AI developers temporary relief while leaving rights holders without definitive protection.
Overall, Getty Images v Stability AI represents a cautious step toward clarity in AI and IP law—but only a small one, leaving many key issues for future courts or legislators to decide.
Source: Lexology
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