Adam Philipp, AEON Law, JD Supra; Patent Poetry: Judge Throws Out Most of Artists’ AI Copyright Infringement Claims
"One of the plaintiffs’ theories of infringement was that the output images based on the Training Images are all infringing derivative works.
The court noted that to support that claim the output images would need to be substantially similar to the protected works. However, noted the court,
none of the Stable Diffusion output images provided in response to a particular Text Prompt is likely to be a close match for any specific image in the training data.
The plaintiffs argued that there was no need to show substantial similarity when there was direct proof of copying. The judge was skeptical of that argument.
This is just one of many AI-related cases making its way through the courts, and this is just a ruling on a motion rather than an appellate court decision. Nevertheless, this line of analysis will likely be cited in other cases now pending.
Also, this case shows the importance of artists registering their works with the Copyright Office before seeking to sue for infringement."
