Following the High Court’s findings partially in favour of Getty Images in Getty Images (US) Inc & Ors v Stability AI Ltd (Re Form of Order) [2025] EWHC 3343 (Ch), Getty Images has been granted permission to appeal the decision that Stability AI had not infringed upon its copyright.
The merits of Getty Images’ secondary copyright infringement claim failed on the basis that Stability AI’s large language model was not an infringing copy of Getty Images’ articles. However, the judge held that an appeal on this point would have a real prospect of success, citing that it “concerns a pure question of law, namely a matter of statutory construction on which the minds of reasonable lawyers may differ”.
Stability AI also sought permission to appeal on the basis that it has been found infringing on Getty Image’s trade marks, though this point was refused by the judge on the basis that her factual findings were not incorrect nor ‘rationally insupportable’ when considering the evidence provided by Getty Images. Further, Stability AI’s argument surrounding the attention paid by the average consumer to watermarks on images, being one of the uses of Getty Image’s trade marks, was held to be insufficient to merit permission to appeal.
With Getty Images aiming to take the decision made in their favour one step further, critics and spokespeople of AI will both be watching to see how the Court of Appeal views intellectual property rights and AI, with stakeholders from both sides hoping for beneficial outcomes for their respective positions.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
