Using Midjourney images commercially - what are the actual rights?

I've been creating product mockups and marketing materials using Midjourney. A client wants to buy some of these designs for their actual product packaging.

Do I actually own the copyright to images I generate in Midjourney? Can I sell them commercially? What if someone else used the same prompt and got a similar image?

The TOS is confusing and I don't want to get sued or have my client get sued later.

This is a complex area but I'll break it down based on current law and Midjourney's TOS as of June 2025:

Midjourney's Commercial Rights (paid subscribers):

• If you have a paid subscription, Midjourney grants you commercial usage rights
• You own the assets you create (per their TOS Section 4)
• Free trial users do NOT get commercial rights - only paid members
• Corporate subscribers ($600/year) get broader usage rights for employee-created works

The copyright problem:

Here's where it gets tricky. Under current U.S. copyright law, AI-generated images may NOT be copyrightable because they lack "human authorship." The Copyright Office has been clear that copyright requires human creative input.

This means: You can USE the images commercially (per Midjourney TOS), but you can't necessarily COPYRIGHT them.

Wait so I can sell them but can't copyright them? What does that even mean practically? Can someone else just copy my Midjourney image and use it?

Let me clarify the practical implications:

What you CAN do (as a paid subscriber):

• Use images in commercial projects
• Sell products featuring the images
• Use in client work and charge for your services
• Print on merchandise, use in advertising, etc.

What you CANNOT do:

• Sue someone for copyright infringement if they copy your AI image
• Register the pure AI output with the Copyright Office
• Prevent Midjourney from using your prompts/outputs to train their AI

The workaround: If you make substantial human modifications to the AI output (using Photoshop, Illustrator, etc.), THOSE modifications can be copyrighted. The more human creativity you add, the stronger your copyright claim.

I run a design agency and we use Midjourney all the time. Here's our workflow to protect clients:

1. Generate base images in Midjourney (paid account obviously)
2. Bring into Photoshop/Illustrator and make substantial modifications
3. Add text, adjust colors, combine with other elements
4. The FINAL work is copyrightable as a derivative work

We're transparent with clients that we use AI in our workflow, but the final deliverable has significant human creative input. This gives them enforceable IP rights.

Question: what about the training data issue? I've heard Midjourney trained on copyrighted artwork without permission. If I sell a Midjourney image that's "in the style of" a famous artist, can that artist sue me?

@ZackArt - this is actively being litigated. Several class action lawsuits against AI companies are working through courts right now.

Current state of the law:

• Training on copyrighted works: AI companies claim "fair use" - courts haven't definitively ruled yet
• "In the style of" prompts: Style generally isn't copyrightable, but copying distinctive elements could be infringement
• Your liability: Midjourney's TOS includes indemnification - they claim they'll defend you against IP claims, but read the fine print on limitations

Safest practice: avoid prompts that explicitly reference living artists or distinctive copyrighted characters. "Fantasy landscape" is fine. "Dragon in the style of Greg Rutkowski" is riskier. "Mickey Mouse riding a dragon" is asking for trouble.

This is super helpful. So for my client project, safest approach is:

• Generate images with my paid Midjourney account
• Modify significantly in Photoshop (color correction, compositing, adding text/elements)
• Avoid using specific artist names in prompts
• Deliver the final modified work to client

Does the client need to know I used Midjourney? What about disclosure?

Disclosure is becoming a best practice, and some jurisdictions are starting to require it:

Legal requirements:

• No federal requirement to disclose AI use currently
• California AB 2013 (effective Jan 2025) requires disclosure of AI-generated content in certain commercial contexts
• EU AI Act has transparency requirements

Contractual requirements:

• Check your client contract - does it specify "original work" or prohibit AI tools?
• Some stock photo sites (Getty, Shutterstock) ban AI-generated content entirely
• Ad agencies increasingly want to know about AI use for brand safety

My advice: disclose it. Say "this concept was developed using AI-assisted design tools and refined through professional editing." Most clients don't care as long as the end result is good and legally defensible.

I sell print-on-demand merch using Midjourney designs. Revenue is around $8k/month. Never had a legal issue.

Things I've learned:

• Redbubble and Society6 allow AI art but require you to confirm you have commercial rights
• Amazon Merch cracked down - they reject obvious unmodified AI images now
• Etsy doesn't ban AI but buyers are savvy and call it out in reviews

The market is saturated with AI art now. You need to modify/refine to stand out anyway, which solves the copyright problem naturally.

One more critical point about Midjourney's Terms of Service Section 5 - the exception for company revenues over $1M/year:

If your company made more than $1,000,000 in gross revenue last year, you MUST purchase a Corporate plan ($600/year minimum) to use images commercially. The standard paid plans don't grant commercial rights above this threshold.

Also, Midjourney retains rights to use all your generations for their marketing and to improve their AI. Your prompts and outputs are generally visible to other users unless you pay for "Stealth Mode" (available on Pro plan and higher).

For client work with NDAs or confidential projects, you may need Stealth Mode to avoid exposing concepts publicly.

Extremely helpful thread. Final summary for my situation:

• I have paid Midjourney Pro account - commercial rights OK
• Will substantially modify outputs in Photoshop to add copyrightability
• Disclosing AI use to client upfront
• Avoiding named artist styles in prompts
• Revenue under $1M so no corporate plan needed

Feel much more confident moving forward. Thanks everyone, especially @Amanda_IPLaw and @TechPolicy_Brian for the detailed legal breakdown.