The artists’ fight against AI continues in the courts

The fight continues. The emergence of generative AI tools has led numerous artists to take up arms on social media to express their discontent. In early 2023, a group of creators filed a lawsuit against Stability AI, Midjourney, and Deviantart seeking “compensation for the damages caused”. Now, the lawsuit can proceed, although some claims have been dismissed.

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According to The Verge, the most recent decision has been crucial for Judge William Orrick to give the green light to another lawsuit against Stability, this time for induced copyright infringement. In addition, the judge has admitted another copyright lawsuit against DeviantArt, which used a model based on Stable Diffusion and Midjourney.

According to the document shared by Kelly McKernan at X, the sued companies, Stability AI, Midjourney, DeviantArt, and Runway AI, filed a motion to invalidate the artists’ claims. However, the judge has ruled that while some must be dismissed, others will proceed forward.

McKernan described the judge’s decision as “very exciting” as it allows them to request information about these companies and learn more details about their operation. “Now we are going to uncover everything that those companies don’t want us to know,” McKernan wrote. Of course, it should be noted that this will only happen if these companies are ordered to make the information public.

Some judge dismissals include the artistic styles, one of the parts of the lawsuit. In the case of Midjourney, it provided a list of artistic styles that included the names of 4,700 artists. These were used by users to generate works that imitated the style of said artists. However, the judge opined that attempting to protect the artistic style of a work as if it were a copyright is a too broad concept, at least within the context of AI.

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