AI platforms score early win in copyright class action

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

AI platforms score early win in copyright class action

Stability AI.jpeg

A California court dismissed most of the claims filed by a group of artists in a copyright case against Midjourney, Stability AI and DeviantArt

The US District Court for the Northern District of California dismissed most of the claims filed by a group of artists against three generative artificial intelligence platforms in a copyright case yesterday, October 30.

Artists Sarah Anderson, Kelly McKernan, and Karla Ortiz accused Midjourney, DeviantArt, and Stability AI of infringing their artwork.

In a class-action complaint filed in January this year, the artists alleged that the platforms had taken billions of training images that had been scraped from public websites, including their own. The platforms subsequently filed a motion to dismiss the claims.

Judge William Orrick dismissed the complaint against DeviantArt and Midjourney ruling that it “was defective in numerous aspects”.

Orrick allowed Anderson to pursue a claim that Stability AI had used her works for training.

However, he dismissed McKernan and Ortiz’s claims against Stability AI because they had not registered their work with the US Copyright Office – a prerequisite for bringing an infringement action in the US.

The judge also dismissed right of publicity and unfair competition claims brought against the three platforms.

Advantage AI

Earlier this year, when various copyright infringement lawsuits were filed against generative AI platforms, counsel predicted that the biggest challenge for copyright owners would be fending off the platforms’ motions to dismiss.

In his reasoning for siding with the AI platforms, Orrick noted that the plaintiffs admitted it was likely that the platforms' images would be unlikely to match with any specific image they had created.

The artists were, however, granted leave to amend their claims, which means they can rethink their arguments.

However, Orrick said he wasn’t convinced that allegations could survive if the artists failed to prove that the generated images were substantially similar to their works.

more from across site and SHARED ros bottom lb

More from across our site

Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, Eltemate
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
Gift this article