In an important decision considering the interplay between Artificial Intelligence (“AI”) and English copyright and trademark laws, the English High Court handed down judgment in the longstanding battle between visual content creator, Getty Images and AI developer Stability AI on 4 November 2025 (the “Judgment”). Mrs. Justice Joanna Smith DBE handed Getty Images a pyrrhic victory, ruling that it was partially successful on its trademark infringement claim, with the scope of the Court’s findings said to be “both historic and extremely limited.” The Court otherwise dismissed Getty Images’ passing off and secondary copyright infringement claims.
Although much more limited in scope than was once expected, the decision provides helpful guidance on how the courts will apply certain existing intellectual property law to generative AI models. Given the speed with which AI is developing and the huge volumes of data being used to train AI models, the need to balance the freedom of AI developers with the rights of content creators has become a hot topic both in the UK and more globally. It has prompted the English Government to consult on how it can deliver a solution which ensures that both developers and content creators can share in the benefits of AI, with the Government not ruling out the need for direct intervention through legislative change. The decision in Getty Images is therefore an important first step in understanding whether, from an English law perspective, there is a need for Parliament to clarify the law in this area, with the Judge recognising the “very real societal importance” of finding a balance between the interests of the creative industry and AI developers.
Against that background, this article looks at Getty Images’ claims against Stability AI, the Court’s decision on the claims that survived through to the end of trial, as well as looking at two ongoing lawsuits brought against Stability AI in the United States: a parallel action between Getty Images and Stability AI and a class action against Stability AI and other AI companies.
Getty Images (US) Inc & Ors v Stability AI Ltd [2025] EWHC 38 (Ch). The claim was brought by various entities within the Getty Images group, together with a US company which is the trading vehicle of the photographer, Thomas Barwick.
Read “A Win for AI Developers? Getty Images v. Stability AI” here.
