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.