UK Getty Images Case

01

Factual background & dispute

• Getty Images alleged that images from its websites were used to train Stable Diffusion and advanced claims concerning training, model distribution, outputs, trademarks, and passing off.
• Getty Images accepted that there was no evidence of training in the United Kingdom and abandoned its training and development, output-copyright, and database-right claims before the close of trial.
• The remaining issues included whether the model was an infringing copy under UK copyright law and whether watermarks generated by particular model versions infringed Getty Images' trademarks.

02

Core issues & judicial focus

1. Whether Stable Diffusion could constitute an article and an infringing copy under UK copyright law
2. Whether downloading the model in the United Kingdom or accessing it remotely amounted to secondary copyright infringement
3. Whether particular generated watermarks infringed trademarks or constituted passing off

03

Judicial finding & holding

• The court held that an intangible model may be an article, but Stable Diffusion was not an infringing copy because its model weights had never stored or reproduced the copyright works; the secondary infringement claim was dismissed.
• Getty Images succeeded only in relation to limited examples of iStock and Getty Images watermarks generated by certain earlier model versions, and the court stressed the narrow and historic scope of those findings.
• Getty Images abandoned the training and development, output-copyright, and database-right claims, so the court made no substantive ruling on whether the overseas training infringed UK copyright.