Getty said in the lawsuit that it’s entitled to damages of up to $150,000 for each infringed work, an amount that could theoretically add up to $1.8 trillion. Stability is seeking to dismiss or move the case but hasn’t formally responded to the underlying allegations. A court battle is still brewing, as is a parallel one in the United Kingdom.
It promises “full indemnification for commercial use” and is meant to avoid the intellectual property risks that have made businesses wary of using generative AI tools. Expected users are brands looking for marketing materials or other creative imagery, where Getty competes with rivals such as Shutterstock, which has partnered with OpenAI’s DALL-E, and software company Adobe, which has built its own AI image-generator Firefly. It’s not expected to appeal to those looking for photojournalism or editorial content, where Getty competes with news organizations including The Associated Press.
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