Artist sues AI Generation Service for failure in the first Battle: judge rules infringement is "unreasonable"

CTOnews.com, November 1, several artists sued generative AI services such as Stability AI, Midjourney and DeviantArt, claiming that the images generated by these services infringed their copyright.

However, the class action lost the first battle, and the US District Court held that it was "unreasonable" to directly say that the generated image violated the copyright law.

Image source: Plann

The judge favoured the defendant "to a large extent", but allowed the plaintiff to modify their lawsuit against Stability AI, Midjourney and DeviantArt to proceed with a follow-up defense.

CTOnews.com learned from the report that Judge William H. Orrick of the Northern District of California submitted a 28-page ruling detailing the lawsuits brought by artists Sarah Anderson (Sarah Anderson), Kelly Mckernan (Kelly McKernan) and Carla Ortiz (Karla Ortiz), many of which were logically flawed. There is no sufficient evidence to show that these generative AI services are infringing.

The "flaw" in the case is that of the three artists, Mckernan and Ortiz, did not apply to the US copyright Office for any copyright in their work, while Anderson applied for copyright in only 16 pictures, which included hundreds in the lawsuit.