AI import questions face fresh scrutiny in UK Getty appeal

WISECODE Take

Getty Images is appealing a UK High Court ruling regarding Stability AI's Stable Diffusion model, challenging the court's view on cross-border AI model importation under secondary copyright infringement rules. The core issue stems from the UK High Court finding that importing the Stable Diffusion model did not breach the UK Copyright, Designs and Patents Act 1988, a ruling Getty Images is now challenging at the Court of Appeal. Much like purchasing off-shore financial derivatives, how courts define the 'import' of a digital model will establish key liability standards for cross-border software transfers. Companies merely calling public APIs remain unaffected by this case; however, software vendors downloading and deploying overseas-trained models locally face potential indirect infringement risks. Zhidian provides Copyright Risk Assessments to help businesses clarify model origins and licensing chains. Businesses should take two steps: first, audit the procurement paths and server locations of internal AI models; second, include copyright indemnification clauses when procuring foreign AI services. Monitoring how the UK Court of Appeal defines the importation of digital models will be critical for evaluating cross-border AI compliance risks.