AI competition sees initial triumph for artists against Stability AI, as Andersen emerges victorious
In a significant turn of events, a copyright and trademark infringement case has been brought against Stability AI, a company known for its AI art generator, Stable Diffusion. The lawsuit, filed by illustrators Sarah Andersen, Kelly McKerman, and Karla Ortiz, along with attorney Matthew Butterick, alleges that Stable Diffusion has been using legally protected works without permission.
The case, which had been suspended for over 18 months, is now moving forward. Judge Orrick has ruled that the complaint should proceed, and the case is now in the discovery phase, moving towards trial. The ruling orders the involved companies to provide information on the data used to make their AI functional, specifically if protected images were included in the training program and in what quantity and manner.
This lawsuit is not an isolated incident. Stability AI is also embroiled in a wider ongoing UK litigation primarily involving Getty Images and Stability AI. Getty Images' lawsuit, initiated in 2023, accused Stability AI of infringing copyrights by training its Stable Diffusion AI model using millions of Getty’s copyrighted and watermarked images scraped from the internet. Getty also alleged trademark infringement and passing off due to watermark issues in AI-generated images.
The broader litigation and judicial scrutiny are viewed as pivotal for establishing precedents about AI training on copyrighted material, the scope of copyright and trademark infringement claims in AI-generated content, and the potential regulation of AI models internationally.
The case against Stability AI raises concerns about the economic health of artists and the encroachment of AI on their intellectual and emotional habitat. Generative AI, as represented by Stable Diffusion, is seen as a threat to the economic health of artists, as well as encroaching on their intellectual and emotional habitat.
Defining legal boundaries for AI training datasets containing copyrighted works, clarifying how trademark rights apply to AI-generated images, and influencing AI companies' operational practices regarding data sourcing and jurisdictional exposure are some potential implications of this case. Setting international precedents that will impact future copyright law adaptation to evolving AI technologies is also a significant aspect of this litigation.
While there is no publicly detailed update specifically on the case initiated by Sarah Andersen, Kelly McKerman, and Karla Ortiz, their claims align with common legal issues presented in the Getty-Stability AI UK litigation: unauthorized use of artist works in AI training and infringement via AI outputs.
As of August 2025, the UK High Court has yet to deliver a final judgment on the remaining claims against Stability AI, keeping the case and its broader consequences under close watch by creative and tech sectors worldwide.
This article is referenced from The Hollywood Reporter, Matthew Butterick, and Courtlistener.
- The ongoing lawsuit against Stability AI, initiated by Sarah Andersen, Kelly McKerman, Karla Ortiz, and attorney Matthew Butterick, raises questions about the use of artificial-intelligence in generating art and potential technology-based copyright and trademark infringements.
- The UK High Court is currently considering claims against Stability AI regarding the unauthorized use of artist works in AI training and infringement via AI outputs, a legal issue that also aligns with the case filed by Andersen, McKerman, and Ortiz in the United States.
