Game On: Getty’s Landmark AI Copyright Lawsuit Kicks Off

By Kirsten Doyle for Information Security Buzz
Tuesday, June 10, 2025

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As AI models grow more powerful, traditional content owners are shifting gears. They’re no longer sitting on the sidelines. They’re building legal firewalls. And they’re ready to fight.

Dr. Ilia Kolochenko, CEO at ImmuniWeb and Fellow at the British Computer Society (BCS), weighs in: “While Getty’s case will certainly bring some clarity whether copyright law prohibits or restricts unwarranted use of creative content (such as texts, images, videos) for AI training purposes, it will unlikely cause a tectonic shift in the AI industry. Fierce legal battles currently take place in courts on both sides of the Atlantic disputing the alleged copyright infringements by numerous AI vendors. Ironically, at the end of the day, these lawsuits are somewhat futile: virtually all creative content providers have already incorporated paywalls and advanced anti-bot protection mechanisms on their websites, as well as added specific contractual provisions to their terms of service that expressly prohibit any use of their data for LLM training purposes.

He says in case of a violation of the terms of service, content providers will have a straightforward claim for breach of contract, possibly accompanied by liquidated damages per violation, making such claims extremely lucrative for the plaintiffs. Furthermore, in some jurisdictions, a deliberate bypass of anti-bot protection and massive data scraping may constitute a criminal offense.

“And all this has virtually nothing to do with copyright law. Ultimately, AI vendors, that now vigorously argue in courts that exploitation of third-party content for LLM training purposes constitutes a fair use exception under copyright law, will likely face even greater liability under the avalanche of breach of contract claims.”

A Tough Reality

According to him, regardless of the outcome of the Getty’s case, most AI vendors will soon face a tough reality: paying a fair price for high-quality training data, while staying profitable. In view of the formidable competition emanating from China, many Western AI companies may simply quit the business as economically unviable.

Kolochenko’s last point cuts deep. The economics of AI may hit a wall, one paved with licensing fees, legal battles, and territorial copyright rules. And if vendors can’t afford to train their models ethically? They may fold. Read Full Article