AI Content Commercial Use FAQ: Can You Sell AI Art, Music & Video? (2026)

Yes, but with important caveats based on your subscription tier. Midjourney's Terms of Service (Section 4) grant commercial usage rights only to paid subscribers. Free trial users retain no commercial rights whatsoever.

For paid plans: Basic, Standard, and Pro subscribers who are NOT part of a company with over $1 million in annual revenue can use generated images commercially. Companies exceeding the $1M revenue threshold must purchase the Pro or Mega plan.

Important restrictions include:

• You cannot claim copyright ownership of Midjourney outputs themselves
• You grant Midjourney a perpetual license to use your prompts and outputs
• Upscaled images are published publicly by default unless you have a Pro plan with Stealth Mode
• The "/describe" feature outputs may contain copyrighted elements
• Trademark usage in prompts may generate legally problematic outputs

Always check the most current ToS at midjourney.com/terms as terms frequently update.

Yes. OpenAI grants full commercial rights to DALL-E outputs. According to OpenAI's Terms of Use (effective March 2023 and updated November 2023), users own all outputs generated through DALL-E and ChatGPT image generation.

Section 3(a) states: "OpenAI hereby assigns to you all its right, title and interest in and to Output." This applies whether you access DALL-E through the API, ChatGPT Plus, or labs.openai.com.

Key provisions include:

• You can sell, license, merchandise, or commercially use DALL-E images without royalties to OpenAI
• You receive ownership of outputs but this does not necessarily mean copyright protection exists
• OpenAI retains the right to use outputs to improve their services unless you opt out via API settings
• Content Policy restrictions still apply, prohibiting generation of certain content types
• You must comply with usage policies including not claiming AI images are human-made when disclosure is required

The API offers additional data privacy: "OpenAI will not use data submitted by customers via our API to train OpenAI models."

Yes, Stable Diffusion uses an open-source license that permits commercial use, but with conditions. The base Stable Diffusion models (SD 1.5, SDXL) are released under the CreativeML Open RAIL-M license, which allows commercial use with restrictions.

Key license terms:

• You can use, modify, and sell outputs commercially
• You cannot use outputs for illegal purposes or to harm others
• You cannot use the model to generate content that violates the license's use restrictions (violence, CSAM, deception, discrimination)
• You must include the license notice when redistributing the model

Important considerations for commercial use:

• Custom LoRAs, checkpoints, and fine-tuned models may have different licenses
• Some models on Civitai and HuggingFace are "non-commercial only"
• Models trained on copyrighted datasets may expose you to infringement claims
• The Getty Images v. Stability AI lawsuit (ongoing as of 2026) could affect the legal landscape

Unlike Midjourney or DALL-E, you run Stable Diffusion locally, giving you more control but also more responsibility for compliance.

It depends on your subscription plan. Suno AI has tiered commercial rights based on payment. According to Suno's Terms of Service:

Free tier users receive NO commercial rights. Music created on free accounts is licensed for personal, non-commercial use only.

Pro and Premier subscribers receive full commercial rights to their generated music, including:

• Streaming revenue (Spotify, Apple Music, etc.)
• YouTube monetization
• Sync licensing for videos and ads
• Sale of music tracks
• Use in commercial products

Important restrictions and considerations:

• Suno retains the right to use your creations to improve their service
• You cannot claim traditional copyright in AI-generated music
• Some platforms (Spotify, DistroKid) have specific policies about AI-generated music that may require disclosure
• The music industry is actively lobbying for AI music restrictions, so policies may change
• RIAA lawsuits against AI music generators (filed 2024) could impact the legal landscape

Always export and save your music locally as terms can change. Pro plan costs $10/month (as of 2026) and includes 2,500 credits plus commercial rights.

Yes, most AI video platforms permit commercial use for paid subscribers, but terms vary significantly.

Platform-specific commercial terms:

• Runway ML (Gen-2, Gen-3): Standard and Pro plans include commercial rights. Free tier is personal use only. Section 5 of their ToS grants users ownership of outputs.
• Pika Labs: Paid plans include commercial use rights. Free tier outputs are for non-commercial use. Outputs may not infringe on third-party IP.
• Sora (OpenAI): Commercial rights align with OpenAI's general terms, granting ownership to users. Content policies heavily restrict certain generations.
• HeyGen/Synthesia (avatar videos): Commercial use permitted on paid plans. Using real people's likenesses requires their explicit consent. Creating deceptive content (deepfakes) violates ToS and potentially laws.

Key considerations for all AI video:

• Many platforms prohibit creating deceptive/misleading content
• Political content and synthetic media laws increasingly require disclosure
• FTC guidelines require clear disclosure of AI-generated content in advertising
• Copyright issues arise if generated videos closely mimic copyrighted source material

In the United States, pure AI-generated content without substantial human creative input is not eligible for copyright protection. The U.S. Copyright Office has issued clear guidance on this matter.

The Copyright Office's March 2023 guidance "Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence" states: "The Office will not register works produced entirely by a machine operating without any creative input from a human author."

This means:

• Purely AI-generated images, text, music, or video cannot be copyrighted
• Human selection of prompts alone is generally insufficient for copyright
• Substantial human creative modification of AI outputs may qualify for copyright
• The copyright would only cover the human-contributed elements

Practical implications:

• Others can legally copy your pure AI-generated work
• You cannot sue for copyright infringement of AI-only outputs
• Adding substantial human creative elements (editing, compositing, painting over) may create copyrightable portions
• Trade secret and contract law may still protect your work commercially

This is an evolving area of law, and international jurisdictions may differ. The Copyright Office is conducting ongoing rulemaking on AI and copyright through 2026.

The copyrightability of AI art remains limited in 2026, but there are pathways to protection for works with human creative contribution.

Current U.S. Copyright Office Position (as of 2026):

• Pure AI-generated art (text-to-image with minimal human input) remains uncopyrightable
• Works with "sufficient human authorship" can receive copyright for the human-created elements
• The threshold for "sufficient human authorship" is being clarified through registration decisions and court cases

Examples of what MAY be copyrightable:

• AI-generated base image + substantial human digital painting/editing
• Collages incorporating AI elements with significant human arrangement and selection
• AI-assisted works where AI is a tool similar to Photoshop filters
• Comic books where AI generates images but human creates story, layout, dialogue

Examples of what is NOT copyrightable:

• Direct text-to-image outputs with only prompt input
• Minimal touch-ups or color corrections to AI outputs
• Selection from multiple AI generations without further modification

Recent developments: The Thaler v. Perlmutter case (2023) confirmed AI cannot be an author. The "Zarya of the Dawn" decision (2023) registered human elements but denied protection for AI images. Courts are developing frameworks for "AI-assisted" vs "AI-generated" works.

The CreativeML Open RAIL-M license is an open-source license specifically designed for machine learning models, used by Stable Diffusion and other AI image generators. RAIL stands for "Responsible AI License."

Key features of the license:

• Permissive for most uses: You can use, modify, and distribute the model and its outputs commercially
• Use-based restrictions: Unlike traditional open source licenses, it includes behavioral restrictions on how the model can be used
• Attachment A restrictions: Specifically prohibits using the model to generate content that exploits minors, creates non-consensual intimate imagery, spreads disinformation, discriminates, or violates laws
• No "copyleft": Derivative works don't need to use the same license, but must include use restrictions
• Commercial use is explicitly permitted for outputs

Important clauses for commercial users:

• Section 4 grants "a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license"
• You must include the license and use restrictions when redistributing the model
• You're responsible for ensuring your use complies with the restrictions
• The license does not grant trademark rights

Why this matters: Stable Diffusion's license is more permissive than Midjourney's proprietary ToS. You have more control but also more responsibility for compliance. Third-party fine-tunes and LoRAs may add additional restrictions.

Voice cloning legality depends on whose voice you clone, how you use it, and your jurisdiction. The legal landscape is rapidly evolving.

Cloning your own voice: Generally legal. Platforms like ElevenLabs, Resemble.AI, and Descript allow this. You can use your cloned voice commercially.

Cloning someone else's voice:

• Requires explicit consent in most cases
• Without consent, you may violate: Right of publicity laws (most U.S. states), state-specific voice protection statutes, FTC regulations on deceptive practices, and platform Terms of Service

Celebrity voices: Never clone without explicit licensing agreement. Right of publicity provides strong protection. Recent cases (voice actors vs. AI companies) establishing precedent. Deceased individuals may still have protected rights (varies by state).

Platform Terms of Service: ElevenLabs requires consent verification for voice cloning. Professional Voice Cloning requires voice sample consent. Violation can result in account termination and legal liability.

New legislation (as of 2026):

• Tennessee's ELVIS Act (2024) specifically protects voice rights from AI
• California, New York, and others have introduced similar bills
• Federal legislation (NO FAKES Act) pending to create national standards
• FTC has enforcement authority over deceptive AI voice content

For commercial use, always obtain written consent and maintain documentation. Voice actors increasingly include AI cloning rights in contracts.

AI content disclosure requirements are expanding rapidly in 2026, with rules from regulators, platforms, and emerging legislation.

Federal requirements (United States):

• FTC Act Section 5: Prohibits deceptive practices. AI content presented as human-created may violate this
• FTC's updated guidelines (2024-2025) specifically address AI-generated testimonials, reviews, and endorsements
• Political advertising: FCC rules require disclosure of AI-generated content in political ads. Many states have additional requirements

Platform-specific requirements:

• Meta (Facebook/Instagram): Requires labeling of AI-generated or manipulated content
• YouTube: Must disclose "altered or synthetic" content, especially for realistic depictions
• TikTok: Community guidelines require disclosure of synthetic media
• Etsy: Updated policy (2024) requires disclosure of AI involvement in listings
• Amazon: Requires disclosure of AI-generated book content

International requirements:

• EU AI Act: Mandatory transparency for AI-generated content. Deep fake labeling requirements
• China: Requires watermarking and disclosure of AI-generated content

Best practices for commercial use: Always disclose AI involvement when selling AI-generated content. Use clear labeling: "Created with AI assistance" or "AI-generated." Maintain records of AI tools used in creation. Never present AI content as human-created photography or authentic documentation. Review platform-specific policies before listing AI content.

Most major AI tools offer commercial licenses, but terms vary significantly. Here's a breakdown by category.

Image Generation:

• Midjourney - Paid plans only. Pro required for $1M+ revenue companies
• DALL-E 3 - Full commercial rights for all users
• Stable Diffusion - Open source, commercial use permitted
• Adobe Firefly - Commercial safe, trained on licensed content
• Leonardo.AI - Paid plans include commercial rights

Music Generation:

• Suno AI - Paid plans only (Pro/Premier). Free tier is non-commercial
• Udio - Paid plans include commercial rights
• AIVA - Subscription includes commercial licensing
• Soundraw - Subscription includes royalty-free commercial use
• Mubert - Commercial license requires paid plan

Video Generation:

• Runway ML - Paid plans (Standard/Pro) include commercial rights
• Pika Labs - Paid plans allow commercial use
• HeyGen - Business plans include commercial usage
• Synthesia - Enterprise plans for commercial avatar videos

Text/Code Generation:

• ChatGPT/GPT-4 - Commercial use permitted, you own outputs
• Claude - Commercial use permitted per Anthropic ToS
• GitHub Copilot - Business plan for commercial code use

Key considerations: Always verify current ToS before commercial use. Some platforms require attribution. Revenue thresholds may apply. Enterprise/business plans often have cleaner IP terms. API access typically has more favorable commercial terms than consumer products.

Yes, but both platforms have specific policies and disclosure requirements you must follow.

Etsy's AI Policy (Updated 2024):

• AI-generated or AI-assisted items are allowed
• You MUST disclose AI involvement in your listings
• Use the "Production partner" field or listing description
• Etsy's "Handmade" category has specific rules - AI items should not be listed as "handmade" without substantial human modification
• Failure to disclose may result in listing removal or shop suspension

Redbubble's Policy:

• AI-generated content is permitted with disclosure
• Must comply with IP policies
• Cannot upload content that infringes copyrights or trademarks
• AI outputs mimicking specific artists' styles may be removed
• Low-quality AI spam results in account action

Best practices for both platforms:

• Clearly state "Created with AI assistance" or name the tool
• Focus on quality over quantity (avoid AI spam)
• Add human creative value (curation, editing, design integration)
• Research trending designs but ensure originality
• Don't copy prompts that generate recognizable copyrighted characters

Risks and challenges: High competition in AI art category, price pressure from volume sellers, platform algorithm may deprioritize AI content, buyer expectations around "handmade" marketplaces, potential policy changes as platforms adapt. Consider platforms specifically for AI art like NightCafe, or general marketplaces like Society6.

If AI generates content that substantially copies copyrighted material, you may face copyright infringement liability as the user who created and published the infringing output.

Legal framework:

• The copyright holder can pursue claims against you for publishing infringing AI outputs
• "I didn't know the AI would generate this" is not a valid defense
• Innocent infringement may reduce statutory damages but doesn't eliminate liability
• Commercial use increases damages exposure

Platform indemnification:

• Most AI platform Terms of Service include indemnification clauses
• Midjourney ToS: Users indemnify Midjourney for claims arising from user content
• OpenAI ToS: Users responsible for ensuring outputs don't infringe
• You typically cannot recover from the AI company if sued for infringement

Risk scenarios:

• Prompts using artist names may generate style-copying outputs
• Character names may generate recognizable copyrighted characters
• Prompts referencing specific works may produce derivative content
• Using reference images may create infringing outputs

Protective measures: Avoid prompts that reference specific copyrighted works, characters, or artists. Review outputs before commercial use for recognizable elements. Consider copyright clearance for high-value commercial uses. Use AI tools trained on licensed content (Adobe Firefly). Maintain records of prompts and generation settings.

Some AI companies are developing copyright indemnification programs for enterprise customers, but consumer users remain largely exposed to liability.

Yes, but you should disclose AI usage and address it in your client contracts to avoid disputes.

Disclosure obligations:

• Ethical best practice requires disclosure to clients
• Some industries have mandatory disclosure (advertising, journalism)
• Misrepresenting AI work as fully human-created may constitute fraud
• Client expectations of "original work" may conflict with AI use

Contract considerations:

• Define whether AI-assisted work is permitted in your service agreement
• Clarify ownership and licensing of AI-generated components
• Address the non-copyrightable nature of pure AI outputs
• Include indemnification for potential IP issues
• Set expectations for deliverable formats and source files

Sample contract language: "Deliverables may include content created with AI assistance tools including [specific tools]. Client acknowledges that AI-generated portions may not be eligible for copyright protection. Designer represents that all AI tools used permit commercial licensing of outputs."

Industry-specific issues:

• Design: Disclose AI use in style guides and brand assets
• Writing: Growing acceptance of AI-assisted content with disclosure
• Video: AI B-roll and effects increasingly common
• Music: Sync licensing may require disclosure of AI generation

When in doubt, get written client approval for AI usage in their project.

Yes, you can legally sell AI-generated art as NFTs, provided you have commercial rights from the AI tool and the content doesn't infringe third-party IP.

Legal requirements:

• You must have commercial usage rights from the AI platform (paid Midjourney, DALL-E, etc.)
• The AI output must not infringe copyrights or trademarks
• You cannot claim copyright ownership in the underlying AI-generated image
• NFT represents a token of ownership, not intellectual property rights

Marketplace-specific rules:

• OpenSea: Allows AI art. Must comply with IP policies. Prohibits "copymints" of others' work
• Foundation: Curated platform, AI art acceptance varies
• Rarible: Permits AI-generated NFTs with proper disclosure
• Blur: No specific AI restrictions but general IP policies apply

What you're actually selling:

• The NFT is a blockchain token pointing to the artwork
• Buyers receive the token, not copyright to the image
• Smart contract terms define what rights transfer
• Most NFT sales don't include commercial or reproduction rights

Legal risks: Buyer disputes if AI origin not disclosed, platform removal if content violates policies, no copyright protection means others can mint same or similar images, market saturation has reduced AI NFT values significantly since 2022.

Best practices: Disclose AI generation in listing description. Focus on unique collections with consistent style. Consider utility beyond just the image. Document your prompts and creative process. The NFT market has cooled significantly, and AI-generated NFTs face additional skepticism from collectors who value human creativity.