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ARTICLE · 19 NOVEMBER 2025

Collision Of Continental And Common Law Approaches To Generative AI Training

GTG Legal
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Two landmark court decisions issued within a week of each other in November 2025, namely, GEMA v. OpenAI and Getty Images v. Stability AI, have created a striking legal divergence...

MaltaTechnology
Terence Cassar
Terence Cassar
J.J. Galea
J.J. Galea

Generative AI Training

Two landmark court decisions issued within a week of each other in November 2025, namely, GEMA v. OpenAI and Getty Images v. Stability AI, have created a striking legal divergence that fundamentally reshapes the international landscape for artificial intelligence copyright liability. Whereas the Munich Regional Court established sweeping protections for copyright holders by treating model "memorisation" as actionable reproduction, the UK High Court left British jurisprudence conspicuously silent on the merits of AI training liability (Read more here.) One must also consider the third judicial approach emerged from Hamburg's September 2024 judgment in Robert Kneschke v. LAION e.V., which provisionally upheld text-and-data-mining ("TDM") privileges for research purposes.

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