AI Art Commercial Use: The Complete FAQ

Short Answer: Yes, but subscription tier matters significantly.

Your commercial rights depend entirely on your Midjourney subscription level:

Tier	Price	Commercial Rights
Free/Trial	$0	NO commercial rights - personal use only
Basic	$10/mo	Full commercial rights
Standard	$30/mo	Full commercial rights
Pro	$60/mo	Full commercial rights + stealth mode
Mega	$120/mo	Full commercial rights + stealth mode

What "Commercial Rights" Includes

• Marketing materials: Ads, social media, websites, brochures
• Product packaging: Labels, boxes, promotional materials
• Merchandise: T-shirts, posters, mugs, etc.
• Client work: Deliverables for paying clients
• Publications: Books, magazines, digital products

Short Answer: No attribution required, but you can't claim it's not AI.

As of 2024, Midjourney's terms do NOT require attribution for commercial use by paid subscribers. You don't need to put "Made with Midjourney" on your work.

What You CAN Do

• Use images without any Midjourney mention
• Present them as your creative work
• Sell them without attribution requirements
• Include them in portfolios and presentations

What You CANNOT Do

• Falsely claim images were created without AI assistance
• Misrepresent images as purely human-created when directly asked
• Deceive clients or buyers about the creation process

Best Practices

Even without attribution requirements, consider these factors:

• Some clients specifically want to know about AI involvement
• Industry norms may favor disclosure (advertising, journalism)
• Proactive transparency builds trust

Short Answer: Yes, paid subscribers can sell merchandise.

Midjourney's commercial license explicitly allows merchandise sales. You can sell:

• T-shirts and apparel
• Posters and art prints
• Mugs, phone cases, accessories
• Home decor items
• Print-on-demand products
• Physical and digital goods featuring your images

Important Considerations

Uniqueness Challenge

Unlike traditional art, AI-generated images don't guarantee uniqueness:

• Similar prompts can produce similar results
• You can't stop others from generating comparable images
• Consider adding human modifications for differentiation
• Build brand value beyond the specific images

POD Platform Compliance

Verify the print-on-demand platform allows AI-generated art. Most do, but policies vary. Some require disclosure that content is AI-generated.

Short Answer: OpenAI grants you ownership with broad commercial rights.

OpenAI's terms (updated 2024) state that you own the images you create with DALL-E, subject to their content policy and terms of use.

What OpenAI's Terms Grant You

• Ownership: You own your DALL-E outputs
• Commercial use: You can use images commercially
• Reproduction: You can sell, reprint, and merchandise
• Derivative works: You can modify and build upon outputs
• Sublicensing: You can license images to others

Content Policy Restrictions

Your commercial rights are subject to OpenAI's content policy. You cannot commercially use images that:

• Violate laws or regulations
• Generate harmful or deceptive content
• Create content involving minors inappropriately
• Generate political campaign materials
• Create photorealistic images of real people without consent

Short Answer: Both grant ownership, but API terms offer more commercial flexibility.

ChatGPT Plus (Consumer) Terms

• You own images generated through ChatGPT Plus
• Commercial use is permitted
• Subject to consumer Terms of Use
• Usage through ChatGPT's interface
• Standard content policy applies

API (Developer/Business) Terms

• You own API outputs
• Broader commercial rights
• Can integrate into your own products/services
• White-labeling generally permitted
• Enterprise agreements available for larger deployments
• More flexible usage patterns

When to Choose API

• Building a product/service that generates images for customers
• Need programmatic access at scale
• Want to customize the interface/experience
• Enterprise compliance requirements

Short Answer: Yes, the open-source license permits commercial use.

Stable Diffusion models are released under the CreativeML Open RAIL-M license, which explicitly allows commercial use of generated images.

What the License Permits

• Selling generated images
• Using outputs in commercial products
• Building commercial applications on top of the model
• Modifying and fine-tuning the model
• Creating and selling derivative models

License Requirements

• Include the license notice in distributions
• Cannot remove model attribution in model distributions
• Cannot use for illegal purposes
• Cannot generate content to harm others

Considerations for Commercial Use

• Training data concerns: Some artists have objected to their work being in training data - this is subject to ongoing litigation
• No indemnification: Unlike Adobe Firefly, you bear all legal risk
• Quality control: You're responsible for outputs
• Self-hosted: You can run locally without subscription fees

Short Answer: Commercial safety by design plus IP indemnification.

Adobe designed Firefly specifically to address commercial concerns that other AI image generators raise:

Training Data Difference

• Adobe Stock: Trained on licensed Adobe Stock images
• Public domain: Works with expired copyrights
• Licensed content: Content Adobe has rights to use
• NOT trained on: Scraped internet images without permission

IP Indemnification

This is Firefly's key differentiator:

Why This Matters

• Transfers legal risk from you to Adobe
• Adobe has resources to defend claims
• Makes AI content safer for risk-averse businesses
• Particularly valuable for large-scale commercial deployments

Integration Benefits

• Built into Photoshop, Illustrator, and Creative Cloud
• Fits existing creative workflows
• Professional output quality
• Content Credentials for authenticity tracking

Short Answer: Enterprise/commercial plans get indemnification, with conditions.

Who Gets Indemnification

• Enterprise customers: Full indemnification
• Creative Cloud paid subscribers: Indemnification for commercial use
• Free tier users: Typically NOT covered by indemnification

Conditions and Limitations

• Must use Firefly within Adobe's applications as intended
• Cannot deliberately try to reproduce copyrighted works
• Must comply with Adobe's terms of service
• Cannot use for prohibited content (illegal, harmful, etc.)
• May need to cooperate in Adobe's defense if claim arises

How to Ensure Coverage

• Maintain a paid Creative Cloud subscription
• Generate images through official Adobe apps
• Don't use prompts designed to copy specific works
• Keep records of your prompts and outputs
• For high-stakes use, consider Enterprise plan

Short Answer: OpenAI assigns ownership of outputs to you.

OpenAI's Terms of Use explicitly state that you own the outputs generated through their services, including ChatGPT.

What You Can Do With ChatGPT Output

• Publish as your own work
• Sell commercially (books, courses, content)
• Use in business documents and marketing
• Include in products and services
• License to others
• Modify and create derivatives

The Copyright Question

The copyright issue breaks down as:

• Contractual ownership: Clear - OpenAI assigns it to you
• Copyright protection: Unclear - depends on human authorship contribution
• Practical protection: You can still use contracts, NDAs, and trade secrets

Types of ChatGPT Content

• Text/copy: You own it, commercial use permitted
• Code: You own it, can use commercially
• DALL-E images: You own them (see questions 4-5)
• Data analysis: You own outputs

Short Answer: Yes, Anthropic grants you ownership of Claude's outputs.

Anthropic's terms grant you ownership of outputs generated through Claude, similar to OpenAI's approach.

Commercial Uses Permitted

• Business documents and communications
• Marketing copy and content
• Technical documentation
• Code and software
• Creative writing and content
• Research and analysis
• Educational materials

API vs Consumer Access

Feature	Claude.ai (Consumer)	Claude API (Developer)
Ownership	You own outputs	You own outputs
Commercial use	Permitted	Permitted
Integration	Through website	Build into products
Scale	Individual use	High-volume applications

Same Copyright Caveat

As with ChatGPT, Anthropic grants contractual ownership, but copyright enforceability for AI-assisted works remains a developing legal area. Your ability to sue copiers depends on demonstrating sufficient human creative contribution.

Short Answer: Purely AI-generated images likely cannot; human-modified works may qualify.

The US Copyright Office has issued guidance making clear that copyright requires human authorship:

What the Copyright Office Has Said

• Zarya of the Dawn (2023): The Office rejected copyright for AI-generated images but allowed protection for human-selected arrangement
• General guidance: Purely AI-generated content without human creative input cannot be copyrighted
• The key question: Is there sufficient human authorship?

What This Means Practically

• You can still sell AI art: Copyright isn't required to sell or license images
• Enforcement is harder: You may not be able to sue copiers for infringement
• Trade secrets/contracts: Alternative protections may apply
• Human editing helps: Adding creative human elements strengthens copyright claims

The Emerging Standard

Courts and the Copyright Office are developing standards for "sufficient human authorship." Factors that may support copyright:

• Extensive creative prompt engineering
• Selection and arrangement from many outputs
• Human editing, compositing, modification
• Integration with human-created elements

Short Answer: Multiple lawsuits are challenging AI training practices.

Several major cases are working through the courts that could reshape AI copyright law:

Key Cases to Watch

Potential Outcomes

• If plaintiffs win: AI companies may need to license training data, pay damages, or retrain models
• If defendants win: Training on public data may be considered fair use
• Settlements: May establish licensing frameworks
• Legislation: Congress may intervene with new laws

Impact on End Users

These cases primarily target AI companies, not end users. However, outcomes could affect:

• Platform pricing and availability
• Terms of service changes
• Indemnification offerings
• How platforms handle certain prompts

Short Answer: End user liability appears minimal, but deliberately copying specific works creates risk.

This is the key unanswered question in AI copyright law. Current legal analysis suggests:

Why End Users Likely Face Limited Liability

• Innocent infringement: You didn't copy - you used a licensed tool
• No direct copying: AI outputs are transformative, not reproductions
• Licensed access: You properly paid for/licensed the AI tool
• Primary liability on AI companies: They made the training decisions

When You COULD Face Liability

Risk Mitigation Strategies

• Use legitimate, licensed AI platforms
• Avoid prompts referencing specific copyrighted works
• Don't try to recreate specific artists' styles by name
• Review outputs for obvious infringement before commercial use
• Consider Adobe Firefly for highest-risk applications (has indemnification)
• Add human creative elements to outputs

Short Answer: Yes, AI-generated logos can potentially be trademarked.

Trademark law differs fundamentally from copyright law in this context:

Key Difference from Copyright

• Copyright: Requires human authorship - AI output alone may not qualify
• Trademark: Requires distinctiveness and commercial use - no authorship requirement

Trademark Requirements for AI Logos

• Distinctiveness: Logo must identify your goods/services
• Not merely descriptive: Can't just describe what you sell
• Commercial use: Must be used in commerce
• Not confusingly similar: Must not infringe existing marks

Practical Considerations

• Search first: Conduct trademark searches before adoption
• Use it: Trademark rights require actual commercial use
• Register: Federal registration strengthens protection
• Document: Keep records of creation and first use

Short Answer: Several unique risks that traditional logos don't face.

Risk 1: Non-Uniqueness

• Others can generate similar or identical logos
• Similar prompts may produce similar outputs
• You can't prevent others from creating lookalikes
• Makes trademark enforcement more complex

Risk 2: Inadvertent Similarity

• AI might generate something similar to an existing trademark
• Training data may influence outputs toward existing designs
• You could inadvertently infringe without realizing it
• Always conduct trademark searches before adoption

Risk 3: Limited Copyright Protection

• May not be able to stop copiers through copyright claims
• Trademark protection is primary, but has geographic limits
• Competitors could use similar designs in different markets

Risk 4: Perception Issues

• Some stakeholders may view AI logos negatively
• Investors may question brand investment
• May not reflect unique brand identity

Mitigation Strategy

Short Answer: Yes, but with important professional and contractual considerations.

Before Using AI for Client Work

1. Check your contract: Does it prohibit AI use or require original human work?
2. Consider disclosure: Should you tell the client?
3. Verify your license: Do you have commercial rights for client work?
4. Assess deliverable type: Some deliverables are higher risk than others

Contract Considerations

Contract Says	AI Use Status
Silent on AI	Generally permitted, but consider disclosure
"Original work"	May conflict - clarify with client
"No AI" clause	Not permitted
"AI permitted with disclosure"	Permitted with required notice

What You Cannot Guarantee

Documentation Best Practices

• Track which portions were AI-assisted
• Document your creative contributions
• Save prompts and iteration history
• Note human modifications made

Short Answer: Often yes, depending on industry, contract, and client expectations.

When Disclosure Is Required

• Contract terms: When your agreement specifies disclosure
• Industry standards: Some fields require AI disclosure
• Client policy: When clients have AI use policies
• Material to decision: When AI use would affect client's choice

Industry-Specific Considerations

Industry	Disclosure Expectation
Journalism	High - editorial guidelines often require it
Advertising	Moderate to High - varies by agency/client
Legal writing	High - court rules emerging on AI disclosure
Marketing copy	Moderate - depends on client preferences
Web design	Low to Moderate - becoming normalized

The Misrepresentation Risk

Best Practice: Proactive Policy

• Create a clear AI use policy for your business
• Include AI disclosure terms in client contracts
• Discuss AI use during project scoping
• Be prepared to work without AI if client prefers

Short Answer: Yes, with commercial-tier AI subscriptions and platform compliance.

Requirements for POD with AI Art

1. Commercial AI license: Paid Midjourney, DALL-E, etc.
2. Platform permission: POD platform must allow AI art
3. No IP infringement: Designs must not violate trademarks/copyrights
4. Quality standards: Meet platform's design requirements

Key Considerations

Differentiation Strategies

• Build brand around your curation and style
• Add custom text, modifications, or elements
• Focus on niche themes others haven't explored
• Create series/collections with consistent aesthetic
• Combine AI art with human design elements

What to Avoid in Prompts

• Trademarked characters (Disney, Marvel, etc.)
• Sports team logos or references
• Celebrity names or likenesses
• Copyrighted designs or artworks
• Brand names and logos

Short Answer: Most major platforms allow it, but policies vary and change frequently.

Major Platform Policies (as of 2024-2025)

Platform	AI Art Policy
Redbubble	Allowed, no specific disclosure required
Society6	Allowed, similar policies to Redbubble
Printful	Allowed - you're responsible for rights
Printify	Allowed - you're responsible for rights
Merch by Amazon	Allowed with specific guidelines; may require disclosure
Etsy	Allowed but must disclose AI use in listings
Zazzle	Allowed with standard content guidelines
Spreadshirt	Allowed with content policy compliance

Common Requirements Across Platforms

• You must have rights to all uploaded content
• No trademark or copyright infringement
• May need to certify ownership during upload
• Some require AI disclosure in product descriptions
• Must comply with general content policies

Stock Photo Sites (Different Category)

Stock sites have stricter AI policies:

• Adobe Stock: Accepts AI art with labeling
• Shutterstock: Accepts with disclosure requirements
• Getty Images: Generally does NOT accept AI art

Short Answer: Yes, if you have commercial rights from the AI platform.

Selling AI-generated art as NFTs is permitted, but involves unique considerations:

What You're Actually Selling

• The NFT: A token representing ownership of associated content
• NOT copyright: Which may not exist for AI art
• NOT exclusivity: Similar images could theoretically be generated
• Associated rights: Whatever you specify in the NFT terms

Marketplace Policies

Marketplace	AI Art Policy
OpenSea	Allowed, no specific restrictions
Foundation	Allowed, community may have preferences
Rarible	Allowed, standard terms apply
SuperRare	Curated - may prefer human art

Key Considerations

Legal Considerations

• Fraud risk if you misrepresent AI as human-created
• Consumer protection laws may apply
• Platform terms govern acceptable practices
• Securities considerations for certain NFT structures

Short Answer: Full transparency about AI use, tools, and rights being conveyed.

Recommended Disclosures

1. AI-generated or AI-assisted: Clear statement that AI was used
2. Tool identification: Which AI (Midjourney, DALL-E, etc.)
3. Human contribution: What creative work you contributed
4. Rights being sold: Exactly what the buyer receives
5. Uniqueness limitations: That similar images could exist

Example Disclosure Language

What to Clarify About Rights

• Is this a personal use license or commercial?
• Can the buyer resell, license, or merchandise?
• Are you retaining any rights?
• What happens if the same/similar image appears elsewhere?

Why Transparency Matters

Short Answer: Account termination, rights forfeiture, and potential legal action.

Common Consequences

• Account suspension/termination: Loss of access to the platform
• Content removal: Your generations may be deleted
• Rights forfeiture: May lose commercial rights to generated content
• Refund denial: No refund for remaining subscription
• Permanent ban: May not be able to create new accounts

Potential Legal Actions

Common ToS Violations

Violation Type	Example
Subscription misuse	Free user selling images commercially
Content policy	Generating prohibited content
Automation abuse	Unauthorized API scraping/bots
Revenue threshold	$1M+ company using Basic Midjourney plan
Safety bypass	Circumventing content filters

What Gets Flagged

• Unusual usage patterns (high volume, automation)
• Reported content from other users
• Safety filter triggers
• Commercial use indicators without proper subscription

Short Answer: Generally no for properly generated content, but ToS violations can change this.

How Platform Rights Typically Work

• License grant: When you generate an image while in good standing, you receive a license
• Perpetual (usually): Most platforms grant perpetual rights to legitimate outputs
• Conditional: Rights depend on continued compliance with terms

When Rights Could Be Revoked

Midjourney's Specific Terms

Midjourney's terms include language allowing them to revoke rights for ToS violations. This means:

• Content created while violating terms may have no valid license
• Account termination could affect past content rights
• Commercial use of content from wrong tier could be retroactively invalid

Protection Strategies

• Download everything: Archive your generated content locally
• Document your status: Keep records of subscription tier and dates
• Stay compliant: The best protection is not violating terms
• Review terms regularly: Watch for changes that affect you

Short Answer: Document everything and understand what they're actually claiming.

First Steps

1. Get it in writing: Request specific written explanation of their claim
2. Identify the claim type: License compliance vs. ownership vs. policy violation
3. Review your records: Subscription status, generation dates, terms at that time
4. Check the terms: What did the ToS say when you generated the content?

Common Dispute Types

Dispute Type	What It Means	Your Response
Subscription tier issue	Wrong plan for commercial use	Show proof of correct subscription
Content policy violation	Generated prohibited content	Challenge if content complied
Revenue threshold	Company too large for plan tier	Show revenue documentation
Terms misinterpretation	Platform overreaching	Point to actual terms language

Documentation to Gather

• Subscription payment receipts
• Account status screenshots
• Generation timestamps and prompts
• Version of ToS in effect at generation time
• Any prior communications about your usage

Short Answer: Start with support channels, escalate methodically, consider legal counsel for significant stakes.

Step-by-Step Resolution Process

1. Document your position: Gather all evidence before contacting them
2. Use official support: File through their formal support/dispute channels
3. Request written response: Get their position documented
4. Escalate internally: Ask for supervisor or legal department review
5. Check arbitration requirements: Many ToS require arbitration
6. Consult attorney: For significant commercial stakes

What to Include in Your Dispute

• Clear statement of the issue
• Your subscription history and status
• The content at issue and when generated
• Your interpretation of applicable terms
• What resolution you're seeking

Dispute Resolution Mechanisms by Platform

Platform	Primary Method
Midjourney	Discord support, email escalation
OpenAI	Help center, enterprise support
Adobe	Customer support, enterprise account team
Stability AI	Support channels, community forums

When to Involve an Attorney

• Significant commercial value at stake ($10K+)
• Platform demanding money or threatening legal action
• Dispute involves third-party IP claims
• Internal escalation has failed
• You need to pursue arbitration or litigation

Short Answer: Maintain comprehensive records of subscriptions, prompts, and modifications.

Essential Documentation

• Subscription records: Payment receipts, plan confirmations, tier changes
• Generation records: Prompts used, timestamps, platform/model version
• Output files: Original generated files with metadata
• Modification history: What human editing was applied
• Terms snapshots: ToS in effect at generation time

Why Documentation Matters

Scenario	Documentation Helps By
Platform dispute	Proving subscription status and compliance
Copyright claim	Showing human creative contribution
Client questions	Demonstrating your process and rights
Tax/business	Tracking expenses and asset creation

Practical Documentation System

1. Create a log file: Spreadsheet tracking each project
2. Save prompts: Copy exact prompts before/after submission
3. Screenshot settings: Capture model version, parameters
4. Archive originals: Keep unmodified outputs separate
5. Track edits: Note all human modifications
6. Backup regularly: Local and cloud storage

Short Answer: Yes, editing is highly recommended for multiple reasons.

Why Editing Helps

1. Strengthens copyright: Human modification adds authorship elements
2. Creates uniqueness: Reduces chance of identical outputs elsewhere
3. Quality control: Fix artifacts, errors, unwanted elements
4. Customization: Tailor output to specific needs
5. Demonstrates contribution: Shows your creative involvement

Types of Edits That Add Value

Edit Type	Copyright Impact
Cropping/resizing	Minimal - mechanical, not creative
Color correction	Low to Moderate - some creative choice
Compositing elements	High - creative arrangement
Adding text/graphics	High - original contribution
Substantial modification	High - transforms the work
Creating series/variations	Moderate to High - curatorial creativity

When Raw Output Might Be OK

• Internal use only (not public/commercial)
• Conceptual/mockup purposes
• When you explicitly don't need copyright protection
• With full AI disclosure to recipients

Short Answer: No bright line yet - more is better, but "sufficient human authorship" is the standard.

What the Copyright Office Looks For

The US Copyright Office evaluates whether a work has "sufficient human authorship" to warrant protection. Key factors:

• Creative choices: Did a human make expressive decisions?
• Selection and arrangement: Did a human curate and compose?
• Original contribution: What did the human add that's protectable?
• Control over expression: Did the human direct the creative output?

Spectrum of Human Contribution

Contribution Level	Example	Copyright Likely?
Minimal	"Generate a cat" - use raw output	No
Low	Detailed prompt, select from options	Uncertain
Moderate	Extensive iteration, significant editing	Possibly
High	AI as tool within larger human-created work	Likely
Substantial	Major transformation, compositing, original elements	Yes (for human portions)

Guidance from Zarya of the Dawn (2023)

Practical Approach

• Add as much human creativity as practical
• Document your creative process and decisions
• Think of AI as a tool, not the creator
• The more you transform and add, the better your position

Short Answer: Review existing policies, consider IP-specific coverage, and understand what Adobe Firefly's indemnification offers.

Types of Relevant Insurance

Insurance Type	What It Covers	AI Content Coverage
Professional Liability/E&O	Professional mistakes, negligence	May or may not cover AI-related claims
Media Liability	Content-related claims (defamation, IP)	Often covers published content
IP Insurance	Patent/trademark/copyright defense	Specifically designed for IP claims
General Liability	Third-party bodily injury, property damage	Usually doesn't cover IP issues
Cyber Insurance	Data breaches, cyber events	Generally not for content IP

Questions to Ask Your Insurance Agent

• Does my policy cover claims related to AI-generated content?
• Are there exclusions for AI or automated content creation?
• Does coverage extend to copyright/trademark infringement claims?
• What's the coverage limit for IP-related claims?
• Do I need an endorsement or rider for AI content?

Adobe Firefly Indemnification Alternative

Emerging AI-Specific Products

As AI content becomes mainstream, insurers are developing:

• AI-specific endorsements for existing policies
• Standalone AI liability products
• Content creation coverage riders

Short Answer: Use reputable platforms, document everything, add human creativity, stay informed, and consider indemnification for high-value applications.

The Comprehensive Safety Framework

1. Platform Selection

• Use paid tiers from established platforms
• Choose platforms with clear commercial terms
• Consider Adobe Firefly for highest-risk applications (indemnification)
• Match subscription tier to your business size/revenue

2. Documentation Practices

• Keep subscription records and receipts
• Save prompts and generation parameters
• Archive original outputs with metadata
• Document all human modifications
• Snapshot relevant ToS versions

3. Human Creative Contribution

• Add meaningful edits and modifications
• Make creative selection and curation choices
• Integrate AI outputs into larger human-created works
• Document your creative process

4. Content Safety

• Avoid prompts referencing copyrighted works
• Don't try to replicate specific artists' styles by name
• Stay away from trademarked characters and brands
• Review outputs for obvious infringement before use

5. Disclosure and Transparency

• Disclose AI use where required or expected
• Have clear policies for client work
• Be transparent in NFT and marketplace listings
• Don't misrepresent AI content as purely human-created

6. Stay Current

• Monitor platform ToS changes
• Follow AI copyright case developments
• Update practices as guidance evolves
• Join professional communities discussing AI issues

7. Risk Management

• Review insurance coverage for AI content
• Consider Adobe Firefly for risk-sensitive applications
• Consult attorneys for significant commercial deployments
• Have legal review for high-stakes uses