Andersen v. Stability AI (motion to dismiss)

Liability for AI outputs

Is an AI provider liable when outputs copy protected works?

No position

Artists' claims that image models contain and induce copies of their work go forward

The model as a copy

Is a trained model a copy of its training works?

No position

Claim that the model itself contains copies goes forward (pleading stage)

Holding

Judge Orrick let the artists' copyright claims proceed, including the theory that Stable Diffusion is built to a significant extent on their works and that distributing it induces infringement by users. DMCA, unjust enrichment and contract claims were dismissed. The merits are still to be decided.

The first US ruling to accept, at the pleading stage, that a model itself may embody copies.

Sources