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  • Writer's pictureRoyzz & Co

ARTIST vs. AI

Andersen v. Stability AI Ltd. et al, Docket No. 3:23-cv-00201 (N.D. Cal. Jan 13, 2023)


FACTS

  • Class action lawsuit against ‘Stability AI Ltd.’, ‘Midjourney Inc’, ‘Deviantart Inc’ (AI Software Company) filed;

  • These software takes images and artworks and use them to train their systems to generate seemingly new images;

  • These images can then be downloaded by users.

ALLEGATIONS

  • Artworks created were used as “Training Image” without prior consent;

  • The companies alleged to be involved in direct as well as vicarious copyright infringement;

  • Companies also alleged for unfair competition by infringing copyright laws of the Plaintiff and the class.

A.I COMPANY’S STAND

  • Requested the court to reject the proposed class action lawsuit;

  • AI generated images are not comparable to artists’ creations;

  • Case lacked precise details about the photos that were allegedly misappropriated;

  • Plaintiff fails to identify a single allegedly infringing image.

IMPLICATIONS

  • • The case touches upon the issue of AI and Copyright;

  • Copyright infringing by AI software is a relevant contemporary issue and varied forums in world are soon going to face similar question of law;

  • Whether work produced by AI can be infringing of a copyright is an important question that can be answered by this case;

  • The decision in this case will set a precedent as to whether AI Software can be held liable for IP infringement.



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