Judge Dismisses Lawsuit Against AI-Image Generator and Art Community Platform
A U.S. District Judge has ruled that a lawsuit filed against AI-image generator Midjourney and digital art community platform DeviantArt will not proceed due to lack of evidence. The judge called the claims of copyright infringement “defective” and granted the defendant’s motion to dismiss. However, the judge did allow a separate claim of infringement against AI developer Stability AI to move forward.
Generative AI and DeviantArt’s Role
The judge noted that the plaintiffs failed to demonstrate how DeviantArt could be held responsible for gathering internet content, as it was done by LAION at the direction of Stability AI. Generative AI refers to AI programs that use prompts to generate various types of content.
Possible Copyright Infringement
The plaintiffs alleged that Stability AI violated copyright infringement laws, the Digital Millennium Copyright Act (DMCA), artists’ right of publicity, and the platforms’ terms of service. The judge acknowledged that the plaintiffs may have a case regarding direct infringement based on certain allegations.
Art Generated in the Style of an Artist
The artists claimed that art generated in the style of a given artist represents copyright infringement, as it is derived from copyrighted images. They argued that every hybrid image is necessarily a derivative work. Attorneys for Stability countered this by stating that identifying specific copyrighted works within the training data would be difficult.
Ongoing Battle Against Copyright Infringement and AI
This lawsuit is just one instance of the ongoing battle against copyright infringement and AI. In September, authors joined a lawsuit against ChatGPT creator OpenAI, alleging that their work was used in the chatbot’s training data. Universal Music Group also recently sued Claude AI developer Anthropic over claims of widespread infringement.
Hot Take: Copyright Lawsuits Highlight the Challenges of AI and Creative Works
The dismissal of the lawsuit against Midjourney and DeviantArt highlights the difficulties in holding AI-image generators and platforms accountable for copyright infringement. The case against Stability AI, however, will proceed, indicating that there may be potential grounds for direct infringement claims. As AI continues to advance, the intersection of technology and creative works raises complex legal questions that require careful consideration. The ongoing lawsuits serve as a reminder that finding a balance between innovation and intellectual property rights remains a challenge in the digital age.
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