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IP Experts Discuss AI Art Copyright Litigation
Three powerful startups specializing in AI-generated art — Stability AI, DeviantArt and Midjourney — have gained popularity and traction as fast as they have attained litigious attention.
Earlier in 2023, three artists sued in the U.S. District Court for the Northern District of California claiming three companies' AI used the plaintiffs' original works to create AI-generated images. Andersen v. Stability AI Ltd., 3:23-cv- 00201. The plaintiffs allege that "Stability downloaded or otherwise acquired copies of billions of copyrighted images without permission to create [its open-source license software] Stable Diffusion" using the downloaded content as "training images."
A key question in this class action complaint revolves around whether an AI-generated work is really as similar to the original as the plaintiffs claim. The trio of AI companies say no — as evidenced by their motions to dismiss. (The complaint also alleges unfair competition and violation of rights of publicity.)
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