Angela Dunning

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On October 30, 2023, the Biden Administration issued a landmark Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “Order”), directing the establishment of new standards for artificial intelligence (“AI”) safety and security and laying the foundation to ensure the protection of Americans’ privacy and civil rights, support for American workers, promotion of responsible innovation, competition and collaboration, while advancing America’s role as a world leader with respect to AI.

By Angela Dunning and Lindsay Harris.[1]  Note, Cleary Gottlieb represents Midjourney in this matter.

On October 30, 2023, U.S. District Judge William Orrick of the Northern District of California issued an Order[2] largely dismissing without prejudice the claims brought by artists Sarah Andersen, Kelly McKernan and Karla Ortiz in a proposed class action lawsuit against artificial intelligence (“AI”) companies Stability AI, Inc., Stability AI Ltd. (together, “Stability AI”), DeviantArt, Inc. (“DeviantArt”) and Midjourney, Inc. (“Midjourney”).  Andersen is the first of many cases brought by high-profile artists, programmers and authors (including John Grisham, Sarah Silverman and Michael Chabon) seeking to challenge the legality of using copyrighted material for training AI models.