Midjourney Image Copyright: Can You Use Midjourney Commercially?

Midjourney is a platform that allows users to generate images and other assets using their service. However, the use and copyright protection of these images can vary depending on the level of membership of the user. In this article, we will explore the different situations and types of users regarding the use and copyright protection of images created on Midjourney.

Understanding Image Ownership on Midjourney

When using Midjourney to generate images and other assets, it’s important to understand the ownership rights associated with the content you create. These rights are outlined in Midjourney’s Terms of Service. The level of membership you have on the platform can affect your ownership of the images you generate. In this section, we will explore the different levels of membership on Midjourney and how they impact your ownership rights to the images you create.

Non-Paid Members

If a user is not a Paid Member, they do not own the Assets they create. Instead, Midjourney grants them a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License. This means that other users can use the image created by a non-Paid Member freely as long as it is for non-commercial purposes and they attribute the image to the creator.

Paid Members

If a user is a Paid Member and has subscribed to a paying plan, they own all Assets they create with the Services, to the extent possible under current law. This excludes upscaling the images of others, which images remain owned by the original Asset creators. So in this case, other users cannot use the image freely without permission from the creator. The creator has copyright protection over their created images.

Employees or Owners of Companies with More Than $1,000,000 USD a Year in Gross Revenue

If a user is an employee or owner of a company with more than $1,000,000 USD a year in gross revenue and they are using the Services on behalf of their employer, they must purchase a “Pro” membership for every individual accessing the Services on their behalf in order to own Assets they create. In this case, the created images are owned by the company and are copyright protected. Other users cannot use the image freely without permission from the company.

FAQs: Image Use and Copyright on Midjourney

In this section, we will answer some frequently asked questions about the use and copyright protection of images created on Midjourney. These questions cover a range of topics, including commercial use of images, use of images created by other people, copyright protection, and the difference in rights between paid and non-paid members on Midjourney.

Can You Use Midjourney Images Commercially?

If you are a Paid Member and have subscribed to a paying plan, you own all Assets you create with the Services, to the extent possible under current law. This means that you can use the images you created on Midjourney commercially. However, if you are not a Paid Member, you do not own the Assets you create. Instead, Midjourney grants you a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License. This means that you cannot use the images you created on Midjourney commercially.

Can You Use Midjourney Images Generated By Other Users?

A common question that arises in the Midjourney community is whether one can use images generated by other users for commercial purposes. The answer, according to Midjourney's Community Guidelines, is that you should not publicly repost or use the creations of others without their explicit permission. This applies regardless of whether you are a free or paid member of Midjourney.

This means that even if you are a paid member and have the rights to use images that you personally generated for commercial purposes, these rights do not extend to the images generated by other users on the platform.

It's important to respect the creative efforts of others in the community. If you find an image generated by another user that you would like to use for commercial purposes, the best course of action is to reach out to the user directly and ask for their permission.

Remember, when in doubt, it's always best to consult with Midjourney directly or seek legal advice to ensure you're in full compliance with their guidelines and any applicable laws.

Can You Reuse Midjourney Prompts Created by Other Users?

When it comes to reusing prompts created by other users on Midjourney, the platform's guidelines do not explicitly prohibit this practice. While the prompts you input into the platform are part of the license you grant to Midjourney, this does not restrict other users from reusing those prompts.

This means that if you come across a unique or creative prompt created by another user that you would like to reuse, or you use a prompt created by online tools such as a Midjourney prompt generator, you are free to do so. However, it's always a good practice to respect the creative efforts of others. Even though you are free to reuse prompts, acknowledging the original creator when possible is a respectful gesture that fosters a positive and collaborative community.

Remember, while the platform's guidelines currently allow for the reuse of prompts, it's always best to stay updated with Midjourney's Terms of Service as they may change over time.

Are Midjourney images copyright-free?

When discussing the copyright status of Midjourney images, it's important to understand the nature of AI-generated content. As of February 2023, the US Copyright Office has stated that AI-created images, including those generated by platforms like Midjourney, cannot be copyrighted. This means that while you can use the images as you please, you won't be able to claim copyright over them.

However, this doesn't mean that all Midjourney images can be used freely for any purpose. The usage rights for Midjourney images depend on the user's subscription status. Premium subscribers are allowed to use the images they generate for commercial purposes, while free users are not granted the same permissions.

Furthermore, while you may have the rights to use images that you personally generated, these rights do not extend to images generated by other users. According to Midjourney's Community Guidelines, you should not publicly repost or use the creations of others without their explicit permission.

What's the difference in rights between paid members and non-paid members on Midjourney?

The main difference in rights between paid members and non-paid members on Midjourney is ownership of the Assets they create with the Services.

If a user is a Paid Member and has subscribed to a paying plan, they own all Assets they create with the Services, to the extent possible under current law. This means that they have copyright protection over their created images and can use them commercially.

However, if a user is not a Paid Member, they do not own the Assets they create. Instead, Midjourney grants them a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License. This means that other users can use their images freely for non-commercial purposes with attribution but they cannot use them commercially.

What Happens If You Cancel Your Subscription?

If a user cancels their subscription, they can still use the images they generated during their subscription for commercial purposes. However, they cannot use any images that they might generate as a free user for commercial purposes. This is an important point to consider if you're thinking about canceling your subscription but still want to use the images you've generated.

Conclusion:

In conclusion, the use and copyright protection of images created on Midjourney can vary depending on the level of membership of the user. Both free and paid users retain ownership of the assets they create, but by using the services, they grant Midjourney a broad license to use those assets.

Paid members are allowed to use the images they generate for commercial purposes, while free users are not granted the same permissions. Regardless of membership status, users should not publicly repost or use the creations of others without their explicit permission.

Companies making more than $1,000,000 USD a year in gross revenue must purchase a “Pro” membership to use the generated images commercially.

As of February 2023, the US Copyright Office stated that AI-created images, including those generated by platforms like Midjourney, cannot be copyrighted.

Disclaimer

This article is intended to provide general information about the use and copyright of images generated on Midjourney. It does not constitute legal advice and should not be used as such. The information provided here is based on the Terms of Service and Community Guidelines of Midjourney as of the date of publication and may not reflect the most current legal developments.

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