Judge Pares Down Artists' AI Copyright Lawsuit Against Midjourney, Stability AI

Blake Brittain reports via Reuters: A judge in California federal court on Monday trimmed a lawsuit by visual artists who accuse Stability AI, Midjourney and DeviantArt of misusing their copyrighted work in connection with the companies' generative artificial intelligence systems. U.S. District Judge William Orrick dismissed some claims from the proposed class action brought by Sarah Andersen, Kelly McKernan and Karla Ortiz, including all of the allegations against Midjourney and DeviantArt. The judge said (PDF) the artists could file an amended complaint against the two companies, whose systems utilize Stability's Stable Diffusion text-to-image technology. Orrick also dismissed McKernan and Ortiz's copyright infringement claims entirely. The judge allowed Andersen to continue pursuing her key claim that Stability's alleged use of her work to train Stable Diffusion infringed her copyrights. "Even Stability recognizes that determination of the truth of these allegations -- whether copying in violation of the Copyright Act occurred in the context of training Stable Diffusion or occurs when Stable Diffusion is run -- cannot be resolved at this juncture," Orrick said. Orrick agreed with all three companies that the images the systems actually created likely did not infringe the artists' copyrights. He allowed the claims to be amended but said he was "not convinced" that allegations based on the systems' output could survive without showing that the images were substantially similar to the artists' work. The judge also dismissed other claims from the artists, including that the companies violated their publicity rights and competed with them unfairly, with permission to refile. Orrick dismissed McKernan and Ortiz's copyright claims because they had not registered their images with the U.S. Copyright Office, a requirement for bringing a copyright lawsuit.

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