This is a proposed class action. It has not been certified, and no claims can be filed.
AI Image Generator Copyright Proposed Class Action
What this lawsuit alleges
The lawsuit alleges that Stability AI Ltd., Midjourney, Inc., Google LLC, and Runway AI, Inc. infringed the copyright and moral rights of Canadian artists by scraping and copying hundreds of millions of copyrighted images, including images linked in the LAION-400M and LAION-5B datasets, to train their commercial AI image generators, including Stable Diffusion, Stable Assistant, Midjourney, Imagen, and Runway. It also claims the image generators reproduce copyrighted works or recognizable parts of them and mimic artists' distinctive styles in response to user prompts, and that the defendants encouraged users to write prompts using artists' names. The plaintiff seeks damages, a portion of the defendants' profits, and court orders stopping the alleged infringement. These are allegations only, and nothing has been proved in court.
Who the proposed class would include
The lawsuit proposes a class of people resident in Canada, and corporations domiciled in Canada or incorporated under Canadian law, who owned a copyrighted work linked within the LAION-400M dataset (from August 20, 2021 onward) or the LAION-5B dataset (from March 31, 2022 onward), or who owned a copyrighted work that any of the defendants used to train an image generator at any time before certification. The defendants and their affiliated companies would be excluded.
Do I need to do anything right now?
Generally, no. A claims process opens only once a class action is certified and a settlement is approved. Class members are usually included automatically unless they opt out at that stage.
Get notified if claims open
Leave your email and a short note goes out when something major happens in this case: the certification decision, a settlement, or the end of the proceeding, and a notice if a claims process ever opens. Nothing else.
What happens next
- Filed
- Certification
- Resolution
- Claims process
The next major step is a certification hearing, where the Federal Court decides only whether the case may proceed as a class action, not who wins. No certification hearing has been scheduled yet. Timelines for cases like this are uncertain and often run years, and there is no claims process at this stage. If the court certifies the action and the case later ends in a settlement or judgment favourable to the class, a claims process could follow.
Case background
This proposed class action is about how popular AI image generators were built and what they produce. The claim, filed in the Federal Court of Canada, alleges that Stability AI, Midjourney, Google, and Runway AI scraped, copied, and downloaded hundreds of millions of copyrighted images from the internet, including images linked in two large datasets known as LAION-400M and LAION-5B, and used them without permission to train commercial AI image generators such as Stable Diffusion, Midjourney, Imagen, and Runway. The lawsuit also alleges that the tools themselves infringe when they are used, claiming they can reproduce copyrighted works or recognizable parts of them and mimic artists' distinctive styles when users type prompts, and that the defendants encouraged users to include artists' names in prompts. The claim says the companies profited from this conduct and concealed it from the artists affected. The plaintiff seeks damages and orders stopping the alleged infringement. None of these allegations has been tested or proved in court.
The proceeding
The court filing behind this proposed class action.
Mark Gagné v. Stability AI Ltd., Midjourney, Inc., Google LLC, and Runway AI, Inc.
FiledFederal Court · T-2676-25
Filed July 29, 2025
Filed by Sotos LLP
Who filed the lawsuit
- Sotos LLP
Common questions
Do I need to do anything right now?
Usually no. The case has only been filed and has not been certified as a class action, so there is nothing for potential class members to sign up for or claim at this stage.
Is there any money available to claim now?
No. The case is at an early stage, nothing has been decided, and no settlement exists, so there is no compensation to claim right now and there may never be.
Who might be covered by this case?
The lawsuit proposes to cover Canadian residents and Canadian companies that owned copyrighted works linked in the LAION-400M or LAION-5B datasets, or works any of the defendants allegedly used to train an AI image generator. The court has not yet decided whether the case will proceed or who it covers.
What has to happen before a claims process could open?
The Federal Court would first have to certify the case as a class action, and the case would then have to end in a settlement approved by the court or a judgment in favour of the class. Neither step is certain, and either could take years.
How can I stay informed?
You can follow updates on this page or check with the law firm handling the case, SOTOS LLP. If the case moves forward, court-approved notices would explain who is covered and any steps to take.
Source documents
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This action is proposed. Because it has not been certified or authorized, it is not yet officially a class action, and no claims can be filed. I'm following this proceeding and will add it to the class action tracker if a claims process opens.
Last reviewed September 15, 2026