Whose Work Is It Anyway?: How UK Law Is Grappling With Generative AI and Training Data

The Getty Images v. Stability AI case represents a pivotal moment at the intersection of intellectual property and generative AI. To unpack this landmark litigation, partner Deborah Kirk talks with Alistair Ho and Jonathan Stephenson, her London-based colleagues on Skadden's IP and Technology team. The trio lays out Getty's allegations against Stability AI, including claims that Stability AI used millions of Getty's copyrighted images without authorization to train its AI, and allowed users to create similar images — sometimes even replicating Getty's watermark. They note that Getty has shifted its legal strategy from broad copyright claims to more targeted trademark and secondary infringement arguments.

Beyond the immediate legal dispute, the case brings into focus the evolving relationship between creators and tech companies. It also raises important questions about the adequacy of existing institutional frameworks to address the challenges posed by AI and intellectual property.

The discussion highlights the broader implications: a win for Stability AI could make it easier for companies to use publicly available data for AI training, while a win for Getty could set stricter standards for licensing and due diligence in the industry.

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☑️ Alistair Ho | LinkedIn

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