This article examines the increasing trend of Generative AI system providers offering indemnities to users of their systems. These cover copyright infringement claims brought by third parties as a result of users using Generative AI tools. We explain why providers are offering these indemnities and the extent to which users can take greater comfort in using Generative AI systems as a result. As we explain, however, these indemnities do not offer a “get out of jail free card” to users.
Risk
With rapid growth in the use of Generative AI tools, questions have been asked about the extent to which providers have infringed copyright in order to create them. At the moment, the most high-profile dispute about this in the UK is that brought in the English High Court by Getty Images against Stability AI. Getty Images claims that Stability AI used Getty’s copyright protected images to train its Stable Diffusion system. There is a plethora of similar claims being brought in the United States courts by content owners against Stability AI and other Generative AI…
