No, Midjourney images are not copyrighted in the traditional sense.
The copyright status of Midjourney images is influenced by the distinctive nature of AI-generated content.
In traditional copyright law, individuals or entities creating original works are granted exclusive rights to reproduce, distribute, and display their creations.
However, AI-generated images, such as those produced by Midjourney, fall into a different category.
As of February 2023, the US Copyright Office has clarified that AI-created images, including those from platforms like Midjourney, do not fit within the conventional framework of copyright protection. This is primarily because these images are not the result of human authorship in the traditional sense, instead, they come from algorithms and machine learning processes.
Users engaging with Midjourney, irrespective of their subscription plan – whether it’s the Free Trial, Basic Plan, Standard Plan, or Pro Plan – thus, face a unique scenario.
While users have the right to use the images generated by Midjourney based on their subscription terms, they don’t obtain traditional copyright ownership over these images. They forfeit any exclusive claim to the works they generate on the platform.
This doesn’t mean that you can’t use the images for various purposes.
The licensing terms provided by Midjourney outline the conditions under which users can utilize the generated content.
For instance, free users are bound by the Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0), allowing non-commercial use with appropriate attribution to Midjourney.
Paid subscribers, operating under the General Commercial Terms, have more flexibility, including the ability to use Midjourney images for commercial purposes.
However, they are still subject to specific conditions outlined in the terms, such as refraining from claiming ownership of the images and using them in a manner consistent with legal standards.
Midjourney License Types
Midjourney allows users to generate images through various subscription plans, including the Free Trial, Basic Plan, Standard Plan, and Pro Plan.
Each plan comes with its own set of usage rights and restrictions.
- Free Users (Free Trial Plan)
- Free users fall under the Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).
- This license permits non-commercial use, such as personal, educational, research, or artistic purposes. However, users must provide credit to Midjourney and include a link back to their website.
- Paid Subscribers (Basic, Standard, and Pro Plans)
- Paid subscribers operate under the General Commercial Terms, which grant more extensive usage rights.
- Subscribers can use Midjourney image assets for any purpose, including commercial use, provided they adhere to specific conditions outlined in the terms.
Conditions for Commercial Use
- Subscribers must refrain from claiming ownership or authorship of the generated images.
- Usage of Midjourney-generated assets must not violate any laws, be defamatory, obscene, harmful, or infringe on the rights of others.
- The images or platform should not be utilized in a way that could harm or interfere with Midjourney’s services, systems, or networks.
Special Consideration for Larger Businesses
- Companies with a gross revenue exceeding $1,000,000 per year are required to purchase the Pro Plan for commercial use of generated images.
Midjourney Copyright Overview
- In February 2023, the US Copyright Office declared that AI-created images, including those generated by Midjourney, cannot be copyrighted.
- Users, irrespective of their subscription plan, forfeit any exclusive claim on works created on the platform. Images below the Pro Plan tier are made public, accessible via the community website and Discord. This openness allows other Midjourney users to utilize these images for their personal or business projects without facing any consequences.
Key Point on AI-generated Images
- The unique aspect of AI-created images lies in the fact that, as per the US Copyright Office, they cannot be copyrighted. Therefore, users, even on the Pro Plan, do not possess exclusive copyright over the images they generate.
Disclaimer: We are not affiliated with Midjourney. The information shared here is intended for general purposes only. It does not constitute legal advice or replace the need for professional consultation. Users are encouraged to verify details independently, review Midjourney Terms of Service, and seek legal counsel for personalized guidance. Any actions taken based on this information are at the user’s own discretion, and we disclaim any responsibility for consequences that may arise.