Artists’ Lawsuit Against AI Companies Moves Forward with Key Copyright Claims Intact

Adi Robertson reports in The Verge that a lawsuit against AI companies Stability AI, Midjourney, and other companies will proceed, with some claims dismissed. The artists who filed the suit allege that the defendants violated copyright law by training on datasets containing their work and that users of these services could reproduce their creations.

The case, filed in the US District Court for the Northern District of California, is Sarah Andersen et al. v Stability AI Ltd. et al. It focuses on generative AI services like Stable Diffusion, which allegedly use artists’ works without permission for training.

In a prior ruling, Judge William Orrick dismissed some claims but allowed the direct copyright infringement complaint to proceed. In this latest ruling, the judge allowed new claims, including induced copyright infringement against Stability and trademark infringement against Midjourney.

The artists argue that Midjourney’s “Style List,” which names thousands of artists without their consent, implies false endorsement, a claim the judge found credible enough for further legal proceedings. Other claims were dismissed, including violations of the Digital Millennium Copyright Act and DeviantArt’s breach of terms of service.

Artist Kelly McKernan expressed optimism that the plaintiffs will prove their case. The ruling enables them to request sensitive information from the defendants during discovery, which could uncover key details about the companies’ operations.

For law firms, this case highlights the emerging legal complexities of AI and intellectual property. Companies using AI models that rely on copyrighted content should take proactive measures to avoid infringement claims. Legal professionals should monitor this evolving space closely, as future rulings will likely shape the boundaries of AI training and copyright law.