🔑 Key Takeaways: Midjourney Image Ownership
Free users do NOT own their images. This is the most important distinction in Midjourney's terms. If you plan to use images commercially, you MUST have a paid subscription.
Basic, Standard, Pro, and Mega subscribers own their generated images and can use them commercially.
Free trial images are owned by Midjourney. You only get a CC BY-NC 4.0 license (non-commercial).
Companies with over $1M annual revenue must use Pro or Mega plans for commercial use.
Like all AI art, Midjourney images may not qualify for traditional copyright protection.
📋 What Midjourney's Terms Actually Say
For Paid Subscribers
Key terms for paid subscribers:
- "Own... to the fullest extent possible" - Acknowledges that AI art copyright is unsettled
- "Subject to the above license" - Midjourney retains a license to use your images
- You can sell, distribute, and commercialize your images
For Free/Trial Users
What this means:
- Midjourney owns the images - not you
- Non-commercial only - cannot sell or use in business
- Attribution required - must credit Midjourney
- Others can use them - under the same CC license
All images generated on Midjourney are public by default. Other users can see your creations in the gallery. Only "Stealth Mode" (Pro/Mega plans) keeps images private.
📜 Midjourney's License to Use Your Work
This is a broad license that allows Midjourney to:
- Use your prompts to train future models
- Display your images in their gallery
- Create derivative works from your creations
- Sublicense to third parties
- This license is perpetual and irrevocable
Pro and Mega subscribers can enable "Stealth Mode" to keep images private and out of the public gallery. However, Midjourney still retains the license to use them for service improvement.
💳 Midjourney Plans & Ownership Rights
| Feature | Free/Trial | Basic ($10) | Standard ($30) | Pro ($60) | Mega ($120) |
|---|---|---|---|---|---|
| You Own Images? | ✗ No | ✓ Yes | ✓ Yes | ✓ Yes | ✓ Yes |
| Commercial Use | ✗ No | ✓ Yes* | ✓ Yes* | ✓ Yes | ✓ Yes |
| $1M+ Company OK | ✗ No | ✗ No | ✗ No | ✓ Yes | ✓ Yes |
| Stealth Mode | ✗ No | ✗ No | ✗ No | ✓ Yes | ✓ Yes |
| Images Public | Yes (always) | Yes (always) | Yes (always) | Optional | Optional |
| License Type | CC BY-NC 4.0 | Full ownership | Full ownership | Full ownership | Full ownership |
*Basic/Standard commercial use is allowed for individuals and companies with under $1M annual gross revenue.
If your company has gross revenue exceeding $1,000,000 USD per year, you MUST have a Pro or Mega subscription to use Midjourney commercially. Using Basic/Standard for a large company violates the terms.
🎯 Which Plan Should You Choose?
💼 Commercial Use Cases (Paid Plans)
🔮 NFTs & Digital Art Sales
Midjourney explicitly allows NFT creation for paid subscribers, with some important notes:
- Paid subscription required - Free users cannot create NFTs
- You bear all risk - Midjourney doesn't guarantee uniqueness
- Copyright uncertainty - NFTs don't inherently grant copyright
- Platform rules vary - Each NFT marketplace has its own AI art policies
Some NFT platforms have banned or restricted AI-generated art. Always check the specific marketplace's terms before listing Midjourney images as NFTs.
🚫 Restricted Uses
🏛️ Copyright Law & AI Art
The legal status of AI-generated art is one of the most contested areas in intellectual property law. Here's what you need to know:
US Copyright Office Position
In February 2023, the US Copyright Office ruled on the graphic novel "Zarya of the Dawn" which used Midjourney images:
- Individual AI images: Not copyrightable - The Midjourney-generated images themselves received no copyright protection
- Human-authored elements: Protected - The text and overall arrangement were copyrightable
- Selection & arrangement: May qualify - How you combine and arrange AI images could be protectable
What This Means for You
You own rights per Midjourney's terms, but may not be able to stop others from copying your specific image.
Midjourney's terms give you contractual rights, which is different from statutory copyright protection.
The more you edit, modify, and add human creativity to AI images, the stronger your copyright claim.
Different countries have different rules. Some may be more protective of AI-generated works.
To maximize your legal protection: (1) Use AI images as starting points and significantly modify them, (2) Combine multiple images with original elements, (3) Add substantial human-created content, (4) Document your creative process and human contributions.
⚠️ Infringement Risks
AI image generators like Midjourney are trained on existing artwork, raising concerns about:
Style Mimicry
Prompts like "in the style of [living artist]" may generate images that closely resemble that artist's work. While artistic style isn't generally copyrightable, this remains legally contentious.
Training Data Lawsuits
Several class-action lawsuits are pending against AI image generators, alleging copyright infringement in training data. These cases could affect the legal landscape for AI art.
As of 2025, there are active lawsuits against Midjourney and other AI image generators. The outcomes could affect users' rights. Consider this uncertainty when building businesses around AI art.
❓ Frequently Asked Questions
Yes, if you have a paid subscription (Basic, Standard, Pro, or Mega). Free/trial users cannot sell images as they don't own them. For companies with over $1M annual revenue, you need a Pro or Mega plan specifically.
No. Midjourney owns all images created during free trials. You receive only a Creative Commons Attribution-NonCommercial 4.0 license, which means you can share them non-commercially with attribution, but cannot sell them or use them commercially.
Currently, the US Copyright Office has indicated that purely AI-generated images are not copyrightable because they lack human authorship. However, if you significantly modify the image with human creativity, those modifications may be copyrightable. The base AI image likely is not.
By default, no. All Midjourney images are public and appear in the community gallery. Only Pro and Mega subscribers can enable "Stealth Mode" to keep their images private. Even then, Midjourney retains rights to use them internally.
Yes, with a paid subscription. You can use Midjourney images in client deliverables. However, if your company has over $1M in annual revenue, you need Pro or Mega plans. Also consider using Stealth Mode to keep client concepts confidential.
Yes, paid subscribers can create NFTs from their Midjourney images. However, be aware that some NFT platforms have restrictions on AI art, and the lack of copyright protection means you may not be able to enforce exclusivity. Always check the specific marketplace's policies.
This is a gray area. While Midjourney's terms give you ownership rights, the lack of traditional copyright protection means you may not have strong legal remedies against copiers. Contract rights from Midjourney's TOS only bind Midjourney users, not the general public.
Midjourney allows style references, but this is legally risky. While artistic style isn't copyrightable, generating images that closely mimic a specific living artist's recognizable work could create legal exposure. Dead artists' styles are generally safer, but even that isn't risk-free.