# Lawsuit Alleging Copyright Infringement Moves to Discovery Stage
A class action lawsuit filed by a group of visual artists against several AI image and video generation platforms has progressed to the discovery stage. The artists, including Sarah Andersen, Kelly McKernan, Karla Ortiz, Hawke Southworth, Grzegorz Rutkowski, Gregory Manchess, Gerald Brom, Jingna Zhang, Julia Kaye, and Adam Ellis, claim that platforms like Stability AI, Midjourney, Runway, and DeviantArt engaged in copyright infringement while training their AI models.
During the discovery stage, both parties are required to disclose relevant information for the case, including documentation on AI model training and datasets. This lawsuit is one of the first legal challenges to AI platforms to reach the discovery stage, and its outcome could set the tone for future cases against AI companies.
# An Artist’s Perspective on the Lawsuit
Kelly McKernan, one of the plaintiffs, expressed relief that the lawsuit has reached the discovery stage. She described the excitement among the artists when they received the news and emphasized the importance of this case in bringing the issue of AI-generated art plagiarism to light. McKernan believes that artists will ultimately be supported in this case, as they have a deep understanding of their own work and can identify when it has been plagiarized.
# The Importance of Discovery and Obtaining Information
McKernan highlighted the significance of the discovery phase in obtaining crucial information that could potentially change the course of the case. She expressed hope that they would uncover details about the AI model training process, such as whether it involves storing and making copies of artists’ work for the dataset. The judge has already acknowledged the plausibility of this explanation.
# Potential Impact of the Lawsuit
The lawsuit has the potential to bring about significant changes in how companies view, work with, and distribute artists’ work. McKernan hopes that the movement sparked by this case will shed light on the problematic aspects of AI models and lead to the development of generative AI models that use licensed content and ensure artists are properly compensated. Additionally, the case against Midjourney could establish artistic style protection under the Lanham Act, which would be a groundbreaking development for independent artists who rely on their unique style.
# Personal Impact and Future Outlook
For McKernan, this lawsuit represents an ongoing fight and an opportunity to bring about positive changes in the art industry. While the process has been challenging, she has already experienced some benefits, such as new opportunities and a renewed sense of purpose in her work. McKernan has even taken up teaching as an adjunct illustration professor, which has helped alleviate financial pressure and allowed her to focus on creating more genuine artwork.
# Resistance to Licensing Artistic Work for AI Models
Despite the potential for AI companies to partner with artists’ collectives and offer licenses for the use of artistic work in training data, McKernan expressed her reluctance to participate in such an ecosystem. She believes that sharing her work, even with consent and payment, would still feel like a violation. She has also chosen to cancel her Adobe programs and now uses Procreate, a platform she finds more artist-friendly.
# The Discovery Process and What’s Next
The discovery process is expected to be extensive, with the plaintiffs providing access to their social media accounts and communications related to the case. McKernan eagerly anticipates total vindication through this process. While the journey may be long, the artists remain determined to fight for their rights and ensure that the issue of AI-generated art plagiarism is addressed thoroughly.
By staying informed through newsletters and following the progress of this lawsuit, individuals can stay updated on the latest developments in AI and its impact on art.