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 2025

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

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

Justin Hill and Marie Jansson Heeks, part of an 18-strong team to have joined Crowell & Moring, explain why IP client advice must go beyond only being called upon for patent disclosure
To mark the EUIPO having processed five million EUTM and REUD applications, Managing IP speaks to the most prolific representatives to uncover how they stay at the top of their game
The merger marks Rouse’s second M&A deal within a month, and will provide access to Arnold & Siedsma’s UPC offering
Simon Tønners explains why IP provides the chance to work with some of the most passionate, risk-taking, and emotionally invested clients
The co-leaders of the firm’s new SEP practice group say the team will combine litigation and prosecution expertise to guide clients through cross-border challenges
Boasting four former Spruson & Ferguson leaders and with offices in Hong Kong and Singapore, the IP firm aims to provide fast, practical advice to clients
Partners at three law firms explain why trade secrets cases are rising, and how litigation is giving clients a market advantage
Delegates at a conference unpicking the UK’s relationship with the UPC are hopeful of strengthened UK involvement – so should we all be
News of a litigation funder suing its co-founder and a law firm over trade secrets infringement, and a strategic hire by Womble Bond Dickinson were also among the top talking points
Managing IP’s parent company, LBG, will acquire The Lawyer, a leading news, intelligence, and data-driven insight provider for the legal industry, from Centaur Media
Gift this article