Midjourney Commercial Use Rights: Complete 2026 Guide to Licensing & Ownership

Midjourney has become one of the most popular AI image generation platforms, producing stunning visuals for everything from marketing materials to product packaging. But can you legally sell Midjourney images? Do you own the copyright? What are the restrictions?

The commercial use rights for Midjourney depend heavily on which subscription plan you have, your company's revenue, and how much human creativity you add to the outputs. This comprehensive guide breaks down everything you need to know about Midjourney's commercial licensing, ownership rights, copyright law implications, and practical strategies for using AI-generated images in business.

Understanding Midjourney's Commercial Use License

Midjourney's commercial use policy is straightforward at the surface but contains critical nuances that many users miss. The fundamental rule: any paid subscription grants commercial rights, but free trial users have none.

What the Terms of Service Actually Say

According to Midjourney's official Terms of Service (Section 4: Copyright and Trademark), paying subscribers are granted ownership of the assets they create:

"You own all Assets You create with the Services to the fullest extent possible under applicable law."

This language is important because it acknowledges two realities:

• "To the fullest extent possible" recognizes that there may be legal limitations on what can be owned. AI-generated content presents unique copyright challenges that we'll explore below.
• "Under applicable law" means that ownership is subject to the copyright laws of your jurisdiction, which may not recognize purely machine-generated works as copyrightable.

For free trial users, the situation is dramatically different. According to Midjourney's documentation, free users are bound by the Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0), which explicitly prohibits commercial use. Any commercial exploitation of images created during a free trial would violate both Midjourney's Terms of Service and the CC license terms.

The $1 Million Revenue Rule: Critical for Businesses

This revenue requirement is one of the most commonly misunderstood aspects of Midjourney's licensing. Here's how it works in practice:

• Freelancers and solopreneurs under $1M: Basic ($10/month) or Standard ($30/month) plans provide full commercial rights
• Small agencies and startups under $1M: Basic or Standard plans are sufficient for commercial use
• Employees of larger companies: Even if you're an individual contributor, if your employer grossed over $1M last year, you need Pro or Mega
• Growing businesses: If your company crosses the $1M threshold mid-subscription, you should proactively upgrade to maintain license compliance

The revenue threshold is based on gross revenue, not profit, and applies to the entire corporate entity. For example, if you're a designer at a $5M revenue agency, your personal Midjourney account must be on a Pro or Mega plan even if you're only creating images for internal use.

Midjourney Plan Comparison: Commercial Rights Breakdown

Plan	Price	Commercial Rights	Revenue Limit	Stealth Mode	Best For
Free Trial	$0	✗ No commercial use	N/A	✗	Testing only
Basic	$10/month $96/year ($8/month)	✓ Full commercial rights	Under $1M	✗	Hobbyists, side hustles
Standard	$30/month $288/year ($24/month)	✓ Full commercial rights	Under $1M	✗	Freelancers, small businesses
Pro	$60/month $576/year ($48/month)	✓ Full commercial rights	Required for $1M+	✓ Available	Agencies, companies over $1M
Mega	$120/month $1,152/year ($96/month)	✓ Full commercial rights	Required for $1M+	✓ Available	Heavy users, large teams

Note on GPU hours: The primary differences between Basic, Standard, Pro, and Mega (aside from the revenue threshold) are the amount of Fast GPU time and access to Relax Mode. For commercial rights purposes, Basic and Standard are equivalent if your company is under $1M; Pro and Mega are equivalent for companies over $1M.

Copyright Law and AI-Generated Images: The Hard Truth

Here's where Midjourney's commercial license intersects with a much harder problem: U.S. copyright law does not currently recognize purely AI-generated works as copyrightable.

The Human Authorship Requirement

The U.S. Copyright Office and federal courts have consistently held that copyright protection requires human creative authorship. In the 2023 case Thaler v. Perlmutter, the D.C. District Court rejected copyright registration for an AI-generated artwork, holding that the Copyright Act "requires human authorship." The D.C. Circuit affirmed this decision in 2025.

The Copyright Office's 2024-2025 guidance on AI and copyrightability draws a bright line:

• Purely AI-generated works (prompt → output with no human editing) are NOT copyrightable
• AI-assisted works (where humans make creative decisions about selection, arrangement, or substantial modification) CAN be copyrighted to the extent of the human contribution

What does this mean for Midjourney users?

How to Strengthen Your Copyright Claim

The workaround is to add substantial human creative input to Midjourney outputs. The more human creativity you layer on top, the stronger your copyright claim:

• Minimal protection: Using a detailed prompt and selecting from outputs (likely not copyrightable)
• Weak protection: Minor color adjustments, cropping, or basic filters (minimal human authorship)
• Moderate protection: Significant editing in Photoshop—repainting elements, compositing multiple images, adding original graphics
• Strong protection: Using AI output as a reference or base layer, then creating a substantially new work through manual illustration, extensive photo manipulation, or creative collage

Many professional designers and agencies now follow this workflow:

1. Generate base concepts in Midjourney (paid account)
2. Import the most promising outputs into Photoshop, Illustrator, or similar tools
3. Substantially modify: adjust composition, repaint key elements, add text, combine with other assets, apply creative filters and effects
4. The final deliverable is a derivative work with clear human creative input

This approach gives you both the efficiency of AI generation AND the legal protection of human-authored creative work.

What You Can and Cannot Do Commercially

Practical Scenarios: When Can You Sell Midjourney Images?

Scenario 1: Print-on-Demand Business (Redbubble, Etsy, Society6)

Question: Can I create designs with Midjourney and sell them on print-on-demand platforms?

Answer: Yes, with caveats:

• Required: Active paid Midjourney subscription (Basic minimum if under $1M revenue)
• Platform policies: Redbubble and Society6 allow AI art but require confirmation of commercial rights. Amazon Merch has cracked down on obvious unmodified AI images.
• Best practice: Modify outputs substantially in design software to add unique creative elements. This strengthens copyright, improves marketability (AI art market is saturated), and reduces platform rejection risk.
• Disclosure: Some platforms require or recommend disclosing AI use. Check specific platform ToS.

Scenario 2: Freelance Designer Delivering to Clients

Question: I'm a freelance graphic designer. Can I use Midjourney to create logo concepts for clients?

Answer: Yes, but follow these guidelines:

• Plan requirement: Basic or Standard plan (if your freelance business grosses under $1M)
• Client disclosure: Be transparent that you use AI-assisted design tools. Many clients don't care as long as the final result is good and legally sound.
• Add human creativity: Don't deliver raw Midjourney outputs. Refine in vector software, customize colors, adjust composition, add client-specific elements.
• Contract language: Your freelance agreement should clarify that AI tools may be used and that you warrant the deliverable doesn't infringe third-party rights.
• Stealth Mode consideration: If your freelance revenue approaches $1M, upgrade to Pro for both the revenue compliance and Stealth Mode to protect client confidentiality.

Scenario 3: Agency Creating Marketing Campaigns

Question: Our marketing agency (annual revenue: $3M) wants to use Midjourney for client campaigns. What plan do we need?

Answer: Pro Plan minimum, Mega if heavy usage:

• Revenue threshold: At $3M gross revenue, you MUST be on Pro ($60/month) or Mega ($120/month) for any employee using Midjourney for company work.
• Stealth Mode: Strongly recommended for agency work. Without it, all your client concepts, prompts, and outputs are visible in Midjourney's public gallery—a major confidentiality risk.
• Team accounts: Each team member needs their own subscription at the appropriate tier, OR you can use Midjourney's corporate licensing options.
• Client contracts: Update your standard agreements to address AI use, IP ownership, and indemnification. Since Midjourney doesn't indemnify users, consider whether you need professional liability insurance that covers AI-related claims.

Scenario 4: Artist Selling Original Works

Question: I'm a digital artist. Can I sell Midjourney-generated art as limited edition prints?

Answer: Legally yes with paid subscription, but with significant practical considerations:

• License: Paid subscription allows commercial sale
• Market perception: The art market is increasingly savvy about AI-generated work. Many buyers specifically seek human-created art, and failure to disclose AI use can damage reputation.
• Ethical disclosure: Transparency builds trust. Consider labeling as "AI-assisted art" or "created with Midjourney" rather than presenting as purely human-made.
• Add your touch: Many successful AI artists treat outputs as base layers and add substantial manual painting, composition changes, or mixed-media elements—creating true hybrid works.
• Copyright limitation: Purely AI-generated prints may not be copyrightable, meaning you can't prevent others from creating similar work or even copying your exact output if they discover your prompts.

The Artist Style and Copyright Infringement Question

One of the most controversial aspects of AI image generation is the use of artist names and styles in prompts. This presents both legal and ethical concerns.

Can You Use "In the Style of [Artist]" Prompts?

Midjourney's Terms of Service don't explicitly prohibit using artist names in prompts, but several factors make this risky:

• Style vs. Expression: Copyright generally doesn't protect "style" itself—only specific creative expressions. However, the line between style and protectable expression can be blurry.
• Pending Litigation: Several class-action lawsuits against AI companies (including against Stability AI, which uses similar training approaches to Midjourney) are working through courts. The legal landscape is unsettled.
• Training Data Concerns: Midjourney trained on billions of images from the internet, likely including copyrighted artwork. While Midjourney claims fair use, this hasn't been definitively settled in court.
• Distinctive Elements: If an AI output copies distinctive, identifiable elements from a specific artist's work (not just general style), that could constitute infringement.

Risk Mitigation Strategies

Midjourney vs. Other AI Platforms: Copyright Indemnification Comparison

A critical difference between Midjourney and some competing platforms is the absence of copyright indemnification.

Platform	Commercial Use	Copyright Indemnity	User Protection
Midjourney	Paid subscribers (with revenue limits)	✗ No indemnification	Users bear all IP risk; "as is" disclaimer
Microsoft Copilot	Business customers	✓ Copilot Copyright Commitment	Microsoft defends customers against copyright claims
Anthropic Claude	Commercial/API customers	✓ Enterprise IP indemnity	Anthropic indemnifies authorized commercial use
OpenAI (DALL-E, ChatGPT)	All paying users	✗ No indemnification (as-is basis)	Users own outputs but bear IP risk
Stability AI	Open model (varies by license)	✗ No indemnification	Open-source model; broad disclaimers

Midjourney's Terms of Service state that outputs are provided "as is" without IP warranties. Section 4 of the ToS explicitly says that Midjourney reserves the right to pursue users whose infringing use causes the company loss, rather than protecting users from third-party claims.

This means if you publish a Midjourney image that turns out to infringe someone's copyright (perhaps it closely resembles a photographer's work or an illustrator's style), you are on your own to defend against any lawsuit. Midjourney will not step in to cover your legal fees or liability.

Stealth Mode: When Is It Necessary?

By default, all Midjourney generations are visible in the public community gallery. This includes your prompts, all image variations, and upscaled finals. For many use cases, this is fine—but for commercial work, it can be a dealbreaker.

When You NEED Stealth Mode

• Client NDAs: If you've signed a non-disclosure agreement, having concepts publicly visible before launch could breach the contract
• Product development: Companies developing new products, packaging, or branding need confidentiality until release
• Competitive advantage: If you're creating marketing assets or product designs, you don't want competitors seeing your strategy
• Client confidentiality: Agency and freelance work often requires keeping client identities and projects private

Stealth Mode is available exclusively on Pro ($60/month) and Mega ($120/month) plans. It makes all your generations private and invisible to other Midjourney users. For professional commercial work, especially agency or client services, Stealth Mode is often essential, not optional.

Trademark Considerations for Midjourney-Generated Logos

While copyright protection for AI-generated images is uncertain, trademark protection works differently and can be more favorable.

Trademark law protects marks that function as source identifiers in commerce. If you create a logo with Midjourney and use it consistently to identify your business, you can:

• Claim common law trademark rights through use in commerce (even without registration)
• Apply for federal trademark registration with the USPTO, though you may need to disclose AI involvement
• Enforce trademark rights against confusingly similar marks in your industry

However, best practices include:

• Modify the AI output: Add custom text, adjust the design, combine with other elements to create a unique mark
• Clear trademark searches: Before adopting a logo, conduct comprehensive searches to ensure it doesn't conflict with existing marks
• Document your modifications: Keep records showing the human creative input you added to the AI base
• Consider hybrid approach: Use Midjourney for concept generation, then hire a designer to create the final trademarked version

Trademark protection focuses on the mark's function in commerce, not the creativity of the artwork itself. This can provide more practical protection than copyright for AI-generated brand assets.

Frequently Asked Questions

Can I use Midjourney images commercially?

Yes, if you have any paid Midjourney subscription (Basic, Standard, Pro, or Mega). Free trial users do NOT have commercial rights. However, companies with over $1,000,000 in annual gross revenue must purchase a Pro or Mega plan to use images commercially, regardless of whether they initially subscribed to a lower tier.

Do I own the copyright to images I create with Midjourney?

Under Midjourney's Terms of Service, paid subscribers own the assets they create "to the fullest extent possible under applicable law." However, under current U.S. copyright law, purely AI-generated images may not be copyrightable because they lack human authorship. You can USE the images commercially per Midjourney's license, but you may not be able to COPYRIGHT them or prevent others from using similar outputs unless you add substantial human creative modifications.

What's the $1 million revenue rule for Midjourney?

If you are part of a company or are an employee of a company that made more than $1,000,000 USD in gross revenue in the calendar year prior, you must subscribe to Midjourney's Pro Plan ($60/month) or Mega Plan ($120/month) to have commercial usage rights. The Basic ($10/month) and Standard ($30/month) plans are only for commercial use by individuals and companies under this revenue threshold.

Can I sell products with Midjourney images on them?

Yes, as a paid subscriber you can print Midjourney images on merchandise (t-shirts, mugs, posters, etc.) and sell them commercially. This includes use on print-on-demand platforms like Redbubble, Etsy, or Amazon Merch. However, you should modify the images to add human creative input for stronger copyright protection, avoid artist-specific prompts that might infringe on style rights, and ensure your company's revenue doesn't exceed $1M (or upgrade to Pro/Mega if it does).

Are images created on Midjourney's Basic plan allowed for commercial use?

Yes, the Basic Plan ($10/month or $96/year) includes commercial usage rights, but ONLY if your company makes less than $1,000,000 in annual gross revenue. If your company exceeds this threshold, you must upgrade to the Pro or Mega plan. Free trial users have NO commercial rights and can only use images under the Creative Commons Attribution-NonCommercial 4.0 license.

What happens if I use Midjourney images commercially without a paid plan?

Free trial users are bound by the Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0), which prohibits commercial use. Using images commercially without a paid subscription is a breach of Midjourney's Terms of Service and could result in account termination, legal action for breach of contract, and potential copyright infringement claims. Always maintain an active paid subscription for any commercial use.

Can I use Midjourney images in client work as a freelancer or agency?

Yes, with a paid subscription you can use Midjourney images in client projects. Best practices include: (1) disclosing AI use to clients, (2) substantially modifying outputs in Photoshop or similar tools to add human creative input, (3) avoiding prompts that reference specific living artists or copyrighted characters, (4) ensuring your contract allows AI-generated content delivery, and (5) upgrading to Pro/Mega if your agency grosses over $1M annually or if you need Stealth Mode for confidential client work.

Does Midjourney provide copyright indemnification?

No. Midjourney's Terms of Service explicitly disclaim IP warranties and do not provide indemnification to users. The outputs are provided "as is" without promises of non-infringement. Users bear responsibility for ensuring generated images don't infringe third-party rights. Midjourney reserves the right to pursue users whose infringing use causes the company loss, rather than protecting users. This is significantly different from platforms like Microsoft Copilot or Anthropic Claude that offer copyright indemnity to enterprise customers.

Can I trademark a logo created with Midjourney?

Yes, you can apply to register a Midjourney-generated logo as a trademark if you use it as a source identifier for your business. Trademark protection is based on the mark's function in commerce, not copyright in the artwork itself. However, for stronger protection, you should substantially modify the AI-generated logo with human creative input. The USPTO may require disclosure of AI involvement and will only protect the human-authored elements. Trademark protection can often provide more practical rights than copyright for AI-generated brand assets.

Are there restrictions on using artist names or styles in Midjourney prompts?

While Midjourney doesn't explicitly prohibit using artist names in prompts, it creates significant legal risk. Style itself generally isn't copyrightable, but copying distinctive elements could constitute infringement. Living artists have raised concerns about AI training on their work without permission, and several lawsuits are pending. Best practice: avoid prompts explicitly referencing living artists (e.g., "in the style of Greg Rutkowski"), don't use copyrighted character names (e.g., "Mickey Mouse"), and focus on generic style descriptors (e.g., "watercolor landscape," "cyberpunk cityscape").

Do I need Stealth Mode for commercial use?

Stealth Mode is not required for commercial use, but it may be necessary for confidential client work or proprietary projects. By default, all Midjourney generations are visible in the public gallery, including your prompts and outputs. Stealth Mode (available on Pro and Mega plans) makes your generations private and invisible to other users. This is critical if you've signed NDAs, are developing products pre-launch, or work with clients who require confidentiality. Without Stealth Mode, your creative concepts are publicly exposed.

Can someone else use the same prompt and create identical images?

Theoretically yes, though highly unlikely in practice. Midjourney's AI generates unique outputs each time, even with identical prompts, due to the probabilistic nature of generative models. However, if two users use very similar prompts, they might produce similar-looking images. Because purely AI-generated content lacks human authorship and likely isn't copyrightable under U.S. law, you generally cannot prevent others from using the same prompts or creating similar outputs. This is why adding substantial human modification is crucial for protectable IP.

Conclusion: Using Midjourney Commercially in 2026

Midjourney offers powerful commercial licensing for paid subscribers, but navigating the legal landscape requires understanding both the platform's Terms of Service and the broader copyright law context.

The clear rules:

• Any paid plan grants commercial rights (Basic, Standard, Pro, Mega)
• Free trial = no commercial use whatsoever
• Companies over $1M revenue must use Pro or Mega plans
• You own the outputs "to the fullest extent possible under law"
• Stealth Mode (Pro/Mega only) is essential for confidential commercial work

The complex reality:

• Purely AI-generated images are likely not copyrightable under U.S. law
• Midjourney provides no copyright indemnification—you bear all IP risk
• Using artist names or copyrighted characters in prompts is legally risky
• The training data lawsuits haven't been fully resolved

The practical strategy:

• Use Midjourney for concept generation and base assets
• Add substantial human creative modification to strengthen copyright claims
• Be transparent with clients and stakeholders about AI use
• Avoid obvious infringement risks (celebrity likenesses, copyrighted characters, living artist styles)
• Consider trademark protection for brand assets (logos, marks) which doesn't depend on copyright
• Document your creative process and modifications
• Upgrade to the appropriate plan tier based on revenue and confidentiality needs

The technology is powerful, the creative possibilities are immense, and the commercial licensing is reasonably clear. The key is using Midjourney as a tool in your creative process—not as a replacement for human creativity and legal diligence.

For more discussion on Midjourney commercial rights, see our forum thread with real user experiences and attorney insights.