I know you’ve been generating mind blowing art using Midjourney, and now you’re wonderin can I actually own this art? Or worse, can someone else sue me for using it?
Key Takeaways for You-
1. Subscribe if you want rights.
2. Use private modes if you want control.
3. Don’t assume you can sell or re-use freely if you’re on a free plan.
Note - Basically, you must become a user to own the rights.
Let’s break this down in details.
Midjourney is one of the popular AI art tools today. It allows users to create jaw dropping images using simple text prompts.
But with all that creativity comes one big question Who owns the art created?
Let’s walk through the copyright details step by step.
Are MidJourney Images Copyrighted? Here’s What You Need to Know-
What is Copyright?
Copyright is a form of protection granted by law to creators of original works, such as books, music, paintings, and yes, even digital art. It gives the creator exclusive rights to use and reproduce the work.
Who Owns the Rights to Artwork?
If you see traditionally, the person who creates a piece of art owns it, right? unless they transfer the rights or create it under contract (like work-for-hire).
But with AI generated art, the “creator” isn’t so straightforward.
How Midjourney Works?
Technology Behind Midjourney
Midjourney uses machine learning and neural networks to turn text prompts into visual images.
It’s trained on large datasets scraped from across the internet, everything from fine art to memes.
User Input and AI Output
The user enters a prompt (like “cyberpunk wizard in Tokyo during a rainstorm”), and Midjourney generates an image.
But here’s the kicker, you’re not technically drawing it, Midjourney is.
So who’s the real artist? you will still have this question in your mind.
Midjourney’s Terms of Service
Summary of Midjourney’s Licensing Terms
1. If you’ve skimmed past the ToS (like most of us do), here’s what you need to know:
2. Free users don’t own the images they generate.
3. These are public and often fall under Creative Commons-type rules.
4. Paid users generally do own the rights to the images they generate.
Are Midjourney Images Copyrighted?
Legal Grey Areas
The law still hasn’t caught up with AI.
The courts & copyright offices worldwide are struggling with whether AI can be an “author.”
As of now, AI-generated works without human authorship are not protected by copyright in the U.S.
Ownership According to Midjourney
Midjourney grants ownership to Pro/paid subscribers.
This is a contractual right, not a legal copyright, which means Midjourney promises not to use your images or let others claim them.
Commercial vs. Non-Commercial Use -
1. Paid users can sell, distribute, or use their images in products.
2. Free users cannot use images commercially without attribution and permission
Note - So, copyright status depends on your subscription tier. Always review the license terms before publishing.
Comparison with Other AI Tools
Midjourney vs. DALL·E
OpenAI’s DALL·E grants broader rights to users, even free users in some cases.
But incase of Midjourney, commercial rights often depend on whether you’re paying.
Midjourney vs. Stable Diffusion
Stable Diffusion is open-source and gives users more control.
But again, if the art looks too much like someone else’s work, you could face legal heat.
Can You Copyright AI Art?
What the U.S. Copyright Office Says
In 2023, the US Copyright Office made it clear that works created solely by AI are not copyrightable.
If a human didn’t “substantially” contribute, there’s no protection.
Cases Where AI Art Was Rejected
There have been real cases where people submitted AI-generated works for copyright and got denied.
One of the most notable was an image made by Midjourney itself.
When You Might Own the Rights
Paying for a Midjourney Subscription
If you’re a paid subscriber, Midjourney lets you own your creations under their policy.
That includes commercial usage.
Creating Unique Prompts
Crafting highly detailed or creative prompts may count as substantial input—this helps your case for claiming ownership.
Adding Significant Human Input
If you edit, remix, or transform the AI image post-generation, your human touch adds legal weight to the argument for ownership.
When You Don’t Own the Rights
Using Free Versions
If you’re generating images on a free Midjourney account, those images are public, and you don’t have exclusive rights.
Public Server Generation
Images created in public channels are often shared or reused by others unless you upgrade to a private plan.
No Substantial Human Contribution
If all you did was type “dragon in the sky,” and the AI did everything else—you’re not legally the author.
Midjourney’s Commercial Licensing
What Can You Do with Your Images?
If you’re a paid user, you can –
- Use images for ads
- Print on t-shirts
- Sell as NFTs (though that’s another legal minefield)
Rules for Businesses and Creators
If you’re using Midjourney for business –
- You MUST be on a commercial plan
- Attribution may still be required, depending on your use case
Ethical and Legal Challenges
Artistic Plagiarism and Training Data
Midjourney is trained on thousands of copyrighted artworks. Critics argue this is plagiarism at scale.
Style Mimicry and Originality Issues
You can literally ask Midjourney to create something “in the style of Van Gogh.” That raises red flags about originality and ethical creation.
International Perspectives
How Different Countries See AI Art
- EU: Exploring new laws for AI authorship
- India: No clear regulations yet
- UK & Canada: Generally side with human-created works only
Different places, different rules, so always check local laws before using AI art commercially.
How to Protect Your AI Art
Best Practices for Attribution
Even if not required, giving credit to Midjourney helps avoid confusion and builds trust with your audience.
Using Watermarks, Licenses, and Metadata
Add your name, copyright claim, or watermark to AI images to reduce the risk of theft and misuse.
Future of AI Art and Copyright
Expected Legal Changes
Lawmakers are already drafting bills to address AI and copyright. Expect new frameworks in the next few years.
Community and Industry Movements
Artists, tech companies, and legal experts are all debating this issue. The future might include shared rights between AI tools and human users.
Conclusion –
So, are Midjourney images copyrighted? The answer isn’t black and white.
If you’re a paid user, Midjourney gives you rights.
But whether those rights are enforceable in court depends on how much you contributed.
AI is reshaping creativity, and the legal system is still catching up.
Until clear laws arrive, your best move is to use AI tools wisely, respect attribution rules, and always be honest about your involvement in the creative process.
FAQs
1. Is Midjourney art safe to sell?
Yes, if you’re a paid user with commercial rights. Free users cannot sell the images.
2. Can I use Midjourney images in YouTube videos?
Yes, especially if you have a Pro plan. Always check Midjourney’s licensing to stay compliant.
3. Do I need permission to publish Midjourney content?
Not if you own the rights (paid user). If you’re a free user, attribution is required, and usage is limited.
4. How do I prove I made a Midjourney image?
Keep a record of your prompt, creation date, and account ID. Screenshots and saved metadata help too.
5. Will AI art ever be protected by copyright laws?
Possibly. Governments are debating this worldwide. Until then, user contracts and platform policies matter most.