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05 November 2025
Issue: 8138 / Categories: Legal News , Artificial intelligence , Technology , Intellectual property , Copyright
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Getty v Stability AI: Potential landmark case fizzles out

Intellectual property lawyers have expressed disappointment a ground-breaking claim on the use of artificial intelligence (AI) ended with no precedent being set

In Getty Images (UK) and others v Stability AI [2025] EWHC 2863 (Ch), photo agency Getty sought to protect its millions of high-quality photographic images and alleged Stability scraped those images to train its AI model, Stable Diffusion, without consent. However, the claim faced jurisdictional issues as Getty could not prove the training took place in the UK. Getty also scaled back its claim as Stability had blocked prompts used to generate images that would lead to primary infringement.

Luke Maunder, partner at Osborne Clarke, said the decision did not address the ‘core issue of the alleged primary copyright infringement by the training of AI models.

‘The field is open and we may still see government policy or legislation before a case tries to cut that Gordian Knot’.

Ellen Keenan-O'Malley, solicitor at EIP, said: ‘From a copyright law perspective, this case ended up being a damp squib.’

Handing down judgment this week, Mrs Justice Joanna Smith held Stability breached Getty’s trade mark by reproducing its watermark on generated images but dismissed Getty’s secondary infringement claim.

James Clark, partner at Spencer West, said: ‘At the end of the training process, the AI model did not store any copy of the protected works, and the model itself was not itself an infringing copy of such work.

‘It is this finding that will cause concern for the creative industry while giving encouragement to AI developers.

‘The judgment usefully highlights the problem that the creative industry has in bringing a successful copyright infringement claim in relation to the training of large language models. During the training process, the model is not making a copy of the work used to train it, and it does not reproduce that work when prompted for an output by its user.’

Nathan Smith, IP partner at Katten Muchin Rosenman, said: ‘On the face of it, the judgment appears to present a win for the AI community, but arguably leaves the legal waters of copyright and AI training as murky as before.’

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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