Artists File Class-Action Lawsuit Against Stability AI, DeviantArt, and Midjourney

What many of us had expected has finally happened, artist have sued for copyright infringement a couple of AI companies, as well as an art repository site {complaint here (PDF)}. Is this the end of AI tools? I don’t think so, I’ll try to explain why, this will not be a detailed look at the lawsuit, there will be more time for that, this is my own take on some of the technical issues that I think the complaint gets wrong, so this is not intended as an in-depth look at the law anyway, as I suspect this may not get to a trial, more on that later. I’m also aware that this is at a very early stage, things may change, and most importantly, nobody can be sure of what the result will be, this is my own early speculation on the first filing as it stands, I’ll update and write further blog posts as needed.

Three artists are starting a class-action lawsuit against Stability.ai, Midjourney, and DeviantArt alleging direct copyright infringement, vicarious copyright infringement, DMCA violations, publicity rights violation, and unfair competition. DeviantArt appears to be included as punishment for “betrayal of its artist community,” so I will mostly ignore their part in this analysis for now. Specifically with regards to the copyright claims, the lawsuit alleges that Stability.ai and Midjourney have scraped the Internet to copy billions of works without permission, including works belonging to the claimants. They allege that these works are then stored by the defendants, and these copies are then used to produce derivative works. This is at the very core of the lawsuit. The complaint is very clear that the resulting images produced by Stable Diffusion and Midjourney are not directly reproducing the works by the claimants, no evidence is presented of even a close reproduction of one of their works.