I'm in a difficult situation and trying to figure out my next steps.
can I sell AI-generated images commercially. I've been dealing with this for about 2 months now and the situation isn't improving.
This involves original creative work over the past 11 months. I do have documentation proving my ownership and timeline.
What are my legal options here? Is it worth pursuing?
Both concerns are legitimate:
1. Copyright protection: Under current USCO guidance, purely AI-generated images likely lack copyright protection. However, if you substantially modify the outputs (compositing, manual editing, selective curation as part of a larger creative work), those human contributions may be copyrightable. The more human creative input you can demonstrate, the better.
2. Platform terms: Midjourney's paid plans do grant commercial use rights. You're likely fine under their TOS. The risk is if their terms change — most platforms reserve the right to modify terms with notice, and your continued use = acceptance.
Practical protection strategies: (1) Add substantial human creative elements to each piece, (2) keep detailed records of your creative process, (3) build brand recognition (your brand IS copyrightable/trademarkable even if individual images aren't), (4) diversify across platforms so you're not dependent on one TOS.