Dale Nelson Authors Forbes Article Examining Remaining IP Concerns Surrounding the Getty Images–OpenAI Agreement

Dale Nelson recently authored a Forbes article, “Getty’s Deal With OpenAI Leaves IP Issues Open,” examining the intellectual property issues left ambiguously unresolved by the new “display agreement” between Getty Images and OpenAI, allowing Getty’s licensed content libraries to appear in ChatGPT responses. 

As Dale writes, the deal, “while offering an enhanced visual experience for ChatGPT users, leaves the surrounding intellectual property issues largely unaddressed.” This partnership arrives amid a slew of copyright suits filed against AI platforms, including Getty’s own multi-jurisdictional cases against Stability AI, while legal precedent regarding fair use in AI training remains limited. However, she notes that this deal might be indicative of a broader push toward collaboration between IP owners and AI companies, with Shutterstock, Alamy, and several news outlets recently striking similar partnership deals.

The biggest open question is how far the license reaches. Dale explains, “Also unresolved is to what extent Getty’s display license to OpenAI will cover third-party rights, such as celebrity likenesses, sports teams’ trademarks, or videos containing performances or voices.” She advises that ChatGPT users may need to seek additional publicity or trademark permissions, especially for commercial uses of material. “The fact that Getty images are now available through ChatGPT does not change the legal rights involved,” Dale cautions. “Getty’s deal with OpenAI may be the latest in the dust storm battle between creators’ rights and tech giants, but it will be a while before the dust settles.” 

Read Dale’s full article in Forbes, here.