Practical issues flowing from Getty Images v Stability AI [2025] EWHC 2863 (Ch)

Background

This long running case involves Getty’s claims that Stability AI copied their archives in training their AI models, and in some of the output generated by Stability AI’s AI tool available to the public in the UK.

This case largely dismissed Getty’s copyright claims against Stability AI, but found limited trade mark infringement. The landmark High Court judgment, handed down on 4 November 2025 was the first UK ruling to address copyright issues arising from the use and training of generative AI models.

Key Findings of the Judgment

Mrs Justice Joanna Smith DBE’s judgment focused on two remaining claims after Getty abandoned its primary copyright claims due to a lack of evidence of training in the UK.

• Secondary Copyright Infringement (Dismissed): The court dismissed Getty’s claim that importing and distributing the Stable Diffusion AI model into the UK constituted secondary copyright infringement. The judge found that while an intangible object could be an “article,” the model itself did not store or reproduce Getty’s copyrighted images, only derived numerical parameters. As a result, the model was not found to be an “infringing copy.”
• Trade Mark Infringement (limited success): Getty had limited success on its trade mark infringement claim. The judge found Stability AI was liable for historic and limited trade mark infringement because early versions of the model occasionally generated images with Getty’s watermarks. However additional damages were not awarded due to the limited nature of the infringement.

Implications

The ruling has implications for both the AI and creative industries:

• For AI Developers: The decision offers reassurance for developers training models outside the UK that do not store copyrighted works, allowing deployment in the UK without necessarily incurring secondary copyright infringement liability.
• For Rights Holders: The judgment highlights the difficulty content owners face in enforcing UK copyright law against AI models trained in other jurisdictions.

The future

In our view, this decision underscores the need for legislative updates to balance AI development in the UK with compensation for creators.

We are hopeful that the UK government embraces a statutory licensing framework in due course to address the new world of AI we all live in. Until then, it appears AI developers will continue to be able to use original works in the AI models where they are created outside of the UK.

It is strongly anticipated this judgment will be appealed by Getty, so watch this space.

Daniel Crate – Solicitor