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The Joseph Saveri Law Firm, LLP, a leading class action firm with offices in California and New York, have filed a lawsuit in the United States District Court for the Northern District of California on behalf of a class of plaintiffs seeking compensation for damages caused by Stability AI, DeviantArt, and Midjourney, and an injection to prevent future harms.
The lawsuit alleges direct copyright infringement, violation of the Digital Millennium Copyright Act (DMCA), vicarious copyright infringement related to forgeries, violation of class members' right of publicity, breach of contract related to the DeviantArt Terms of Service, and various violations of California's unfair competition laws.
The complaint alleged that if Stable Diffusion and similar products are allowed to continue to operate as they do now, the foreseeable result is they will replace the artists whose stolen works power these AI products with whom they are competing. The lawsuit argues that these products will eliminate "artists" as a viable career path, whether they aim to or not.
Furthermore, this lawsuit ensures that these products follow the same rules as any other new technology involving massive amounts of intellectual property.
In a statement, Joseph Saveri, founder of the Joseph Saveri Law Firm, LLP, said that burgeoning technology continues to change every aspect of the modern world. Recognizing and protecting artists' rights against unlawful theft and fraud is critical. In his opinion, this case represents a larger fight to preserve ownership rights for all artists and creators.
According to lawyer/programmer Matthew Butterick, Stability AI, Midjourney, and DeviantArt are appropriating the work of thousands of artists with no consent, credit, or compensation.