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Cases and enforcement · Ongoing

Andersen et al. v. Stability AI Ltd. et al., No. 3:23-cv-00201 (N.D. Cal.)

Verified Checked against its sources on 4 sources quoted

Where
California, United States
Court or authority
US – N.D. Cal.
Status
In discovery before Judge Orrick (October 2026); key motion-to-dismiss ruling August 12, 2024
Filed
Filed January 13, 2023
Case type
Copyright
Plaintiffs or complainants
Sarah Andersen and other visual artists (proposed class)
Defendants
Stability AI Ltd., Stability AI, Inc., Midjourney, Inc., DeviantArt, Inc., Runway AI, Inc.
Legal issues
Induced copyright infringement, direct copyright infringement (model theory), direct copyright infringement (distribution theory), whether statistical representations in AI models constitute fixed expressive elements.

Summary

Visual artists filed a proposed class action in January 2023 against Stability AI, Midjourney, DeviantArt and later Runway AI, alleging that the companies' image generators were trained on and can reproduce their copyrighted works. After an October 2023 order largely granting motions to dismiss with leave to amend, Judge Orrick's August 12, 2024, order on the first amended complaint dismissed the DMCA copyright-management-information claims but let the direct infringement, induced infringement and trademark claims proceed, accepting at the pleading stage the theory that works may be contained in the model as mathematical representations. The case remains in discovery as of October 2026. The claims are allegations.

Key dates

  1. January 13, 2023Filed
  2. October 16, 2026Checked against sources
  3. October 21, 2026Checked against sources

Developments are added when the record is reviewed. Next review: January 15, 2027.

Evidence

Each passage is quoted from its source. The quoted passages are re-checked against the live pages every month.

  1. after a first amended complaint was filed, on August 12, 2024, the court issued an order granting defendants’ motions to dismiss 1202 DMCA claims with prejudice but denying the motions to dismiss trademark, direct copyright infringement, and inducement claims.

    Supports: August 2024 ruling

    Andersen v. Stability AI copyright case Copyright Alliance Reporting or analysis

  2. Stability also moves again to dismiss plaintiffs' DMCA claims asserted under 17 U.S.C.

    Supports: August 2024 ruling (filed 08/12/24)

    Order Granting in Part and Denying in Part Motions to Dismiss First Amended Complaint, Dkt. 223, No. 23-cv-00201-WHO U.S. District Court, N.D. Cal. (via RECAP) Primary source

  3. deadlines for Plaintiffs to supplement and/or respond to DeviantArt's contention interrogatories to 7 days

    Supports: Case active in discovery (filed 10/02/26)

    Joint Stipulation re Contention Interrogatories, Dkt. 773, No. 3:23-cv-00201-WHO U.S. District Court, N.D. Cal. (via RECAP) Primary source

  4. Case 3:23-cv-00201 Document 1 Filed 01/13/23

    Supports: Filing date

    Class Action Complaint, Dkt. 1, No. 3:23-cv-00201 (N.D. Cal.) U.S. District Court, N.D. Cal. (via RECAP) Primary source

Suggested citation. Eminence Scan, “Andersen et al. v. Stability AI Ltd. et al., No. 3:23-cv-00201 (N.D. Cal.)”, Eminence Growth Solutions, last verified October 16, 2026, https://eminencegrowthsolutions.com/tools/eminence-scan/record/case-012/.

Using our research: you may read and quote Eminence Scan with credit to “Eminence Scan, Eminence Growth Solutions” and a link; all other rights reserved. Terms: Using our research.

Spotted an error, or a development we have missed? Report a correction. How we check records: research methodology.