In a recent development, artists achieved a noteworthy victory in their legal battle against AI art generators, specifically Stability AI, Midjourney, and DeviantArt. A federal judge, William Orrick, rejected the companies' arguments that the lawsuit aimed to curb their free speech rights. This case is significant, addressing the uncompensated and unauthorized use of billions of internet images to train AI systems.
Judge Orrick emphasized the public interest in the matter and dismissed claims from StabilityAI, Midjourney, and DeviantArt, stating they can't rely on First Amendment defense under a California statute for early dismissal. The companies asserted their constitutional right to free speech, contending that creating AI art based on text prompts is protected activity.
The lawsuit, filed last year in a California federal court, targets Stability's Stable Diffusion, a component of the AI image generator DreamStudio, allegedly powering DeviantArt's DreamUp and Midjourney. Despite granting the dismissal of some claims, the court allowed key aspects of the case to proceed. Notably, it did not advance copyright infringement, right of publicity, unfair competition, and breach of contract claims against DeviantArt and Midjourney, deeming the allegations defective.
The right of publicity claim revolves around whether AI art generators can use artists' names or styles to promote products, impacting the market for their original works. Judge Orrick sided with the artists, stating that the companies cannot dismiss the claim under the state's anti-SLAPP statute, highlighting a "public interest exemption." The initial dismissal was based on the suit failing to substantiate claims that the companies used artists' names to advertise their products.
In response to DeviantArt's motion to strike the right of publicity claim, artists argued against the companies' alleged abuse of California's anti-SLAPP law, accusing them of attempting to "strongarm and intimidate" them. This decision could have broader implications for cases where AI companies assert First Amendment protections, signaling a delicate balance between technological advancements and artists' rights.
Ayesha Hazarika
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