in the latest episode of Briefing by Intellectual Property Law Blog, Scott Hervey and Josh Escovedo filed a lawsuit this year against startup technology firm Stability AI for allegedly scraping more than 12 million photos from Getty’s portfolio without consent or compensation by global visual content creator Getty Images. Discuss the first lawsuit filed.
Getty Images claims Stability AI copied the photos and associated text and metadata to train a Stable Diffusion model that uses AI to generate computer-generated images in response to text prompts. The alleged conduct includes copyright infringement, provision of false copyright management information, deletion or alteration of copyright management information, trademark infringement, unfair competition, trademark dilution, and deceptive conduct under Delaware law. It is said to constitute an unfair trade practice. use its assets for businesses and consumers; Meanwhile, Stable AI has created an image generation platform called Stable Diffusion. It relies on different images to generate a synthetic version of the image requested by the user. Getty Images said the company’s assets are highly desirable for use in connection with his AI and machine learning, and has licensed millions of digital assets to technology innovators for a variety of purposes. claim.
However, Stability AI did not attempt to negotiate a license for the content with Getty Images, but allegedly copied the images without Getty’s consent, which, according to Getty, constitutes clear copyright infringement.
Many AI technology companies believe that using copyrighted material to train artificial intelligence platforms constitutes fair use under U.S. copyright law. The fair use doctrine considers several items when determining whether a use is fair. The purpose or nature of the use and whether the claimed fair use affects the market for the protected work are two of the most important factors. It remains to be seen how courts will apply the fair use doctrine in the context of AI technology, but it is possible that using copyrighted works to train a platform is fair use. Yes, but using it to generate new content may not be fair use. .
Clarity that will probably come
It is a complex problem dealing with high technology.However, the Supreme Court decision Andy Warhol Visual Arts Foundation v. Goldsmith Lawsuits currently pending in court may affect several issues in this context. Court clarifies scope of fair use doctrine and how much work must differ from original protected work to be considered transformative and therefore non-infringing I will try to This decision will have far-reaching implications for creators as well as some AI tech companies.
Getty Images’ lawsuit against Stability AI highlights issues of copyright infringement and fair use in the context of AI and machine learning.The fair use principle is a multi-factor analysis that takes into account several items in determining whether a use is fair, but it remains to be seen how courts will apply it in this context. Supreme Court decisions Andy Warhol Case law may clarify the scope of fair use and the degree of transformation required for a copyrighted work to be considered non-infringing. This decision will have major implications for both creators and AI tech companies.
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