As AI-generated art gains popularity, many users wonder, “Do I own the art I create with Midjourney?”. The answer depends on Midjourney’s terms of service, copyright laws, and ongoing legal debates about AI-generated content. While Midjourney grants users rights to their generated images, the broader legal framework surrounding AI art remains uncertain.

Understanding Midjourney’s Ownership Policy

Ownership Rights Based on Subscription Plan

• Free Users – Midjourney grants free-tier users a Commons Noncommercial 4.0 Attribution International License. This means you can use your AI-generated images non-commercially as long as you credit Midjourney.
• Paid Users – If you have a Midjourney subscription, you are granted full ownership of the images you generate. You can use them commercially without attribution, but Midjourney still retains a license to use them for promotional purposes.

Limitations on Ownership

While Midjourney allows paid users to claim ownership, the legal recognition of AI-generated art is complex. Some key considerations include…

• No Copyright Protection for AI Art – The U.S. Copyright Office requires human authorship for copyright registration. In a well-known case, the AI-generated comic book Zarya of the Dawn was denied copyright protection for its images, as they were created using Midjourney.
• Risk of Unauthorized Use – Since AI-generated images may not qualify for copyright protection, they could be reused, copied, or modified by others without legal repercussions.

Legal Challenges & Ongoing Debates

AI Training & Copyright Issues

• AI models, including Midjourney, are trained on vast datasets of images, some of which may include copyrighted works.
• This has led to lawsuits from artists who argue that their work was used without permission to train AI models.
• If courts rule against AI companies, it could affect the legality of AI-generated content and user rights.

International Copyright Perspectives

• The U.S. Copyright Office currently does not recognize AI-generated images as intellectual property.
• Other countries are evaluating similar cases, with some leaning towards requiring human intervention in the creative process for copyright eligibility.
• Future regulations may clarify ownership rights or introduce new licensing rules for AI-generated content.

What This Means for Midjourney Users

For Personal Use

• Free users can use Midjourney art non-commercially as long as they provide credit.
• Paid users can use their generated images without restrictions for personal projects, social media, and portfolios.

For Commercial Use

• Businesses and creators can use AI-generated images for marketing, product design, and branding, but they cannot copyright them under current laws.
• There is a risk that others may legally copy or modify AI-generated work, making brand exclusivity difficult.

For Artists & Designers

• Some professionals enhance AI-generated images with human creativity (e.g., digital painting, editing) to increase the chance of obtaining copyright protection.
• Others use AI as a tool for inspiration rather than the final creative output.

While Midjourney grants users ownership of their AI-generated images, the lack of copyright protection for AI art creates legal uncertainties. Businesses and artists using AI-generated content should stay informed about evolving copyright laws and consider incorporating human creativity into their work.