Midjourney allows commercial use of AI-generated images under specific conditions tied to subscription plans and usage guidelines. Users retain ownership of images they create, but critical restrictions apply—particularly for high-revenue businesses and unmodified public domain images. The platform’s licensing model permits paid subscribers to use generated visuals for marketing, branding, and content creation, though copyright ownership remains a legal gray area due to AI’s public domain status.

Key findings include:

• Subscription requirement: Only paid plans (Basic, Standard, Pro, Mega) grant commercial usage rights; free users cannot use images commercially ^[4][6][7]
• Revenue threshold: Businesses earning over $1,000,000 annually must upgrade to Pro or Mega plans for commercial use ^[1]
• Public domain risks: Unmodified AI images are treated as public domain, meaning others can reuse them without restriction ^[2][3]
• Legal uncertainties: Copyright offices typically deny protection for AI-generated works, and users lack ownership rights despite commercial licenses ^[7][8]

Commercial Use and Licensing Rules for Midjourney

Subscription Plans and Commercial Rights

Midjourney’s commercial licensing is strictly tied to active paid subscriptions, with no exceptions for free-tier users. The platform offers four primary plans—Basic, Standard, Pro, and Mega—each granting commercial usage rights, but with escalating requirements for higher-revenue businesses. Users must maintain an active subscription to generate images for commercial projects, though ownership persists even after cancellation ^[1][6].

• Paid plans only: Free users (including past trial participants) cannot legally use Midjourney images for commercial purposes, regardless of modifications ^[4][7]
• Revenue-based restrictions: Companies with annual earnings exceeding $1,000,000 must subscribe to Pro ($96/month) or Mega ($120/month) plans to comply with commercial use terms ^[1]
• Ownership retention: Images created under a paid plan remain the user’s property indefinitely, even after subscription lapses, but upscaled images from other users require explicit permission ^[1]
• No retroactive licensing: Images generated during a free trial or without a subscription cannot be "grandfathered" into commercial use later ^[6]

The platform’s Terms of Service explicitly state that commercial use includes selling images, incorporating them into products, or publishing them for business purposes ^[4]. However, users should note that "commercial use" does not equate to copyright ownership—a critical distinction for legal protection.

Copyright Limitations and Public Domain Risks

While Midjourney grants commercial usage rights, the copyright status of AI-generated images remains unresolved under U.S. and international law. The U.S. Copyright Office has repeatedly denied registration for AI-created works, classifying them as public domain due to the lack of human authorship ^[7][8]. This creates two major challenges for commercial users:

• No exclusive rights: Competitors or third parties can legally reproduce, modify, or repurpose unaltered Midjourney images without permission, as they lack copyright protection ^[2][3]
• Derivative work risks: If an AI image incorporates elements from copyrighted sources (e.g., a character resembling Mickey Mouse), the original copyright holder may claim infringement ^[7]
• Legal gray areas: Courts have not yet established clear precedents for AI-generated content, leaving businesses vulnerable to future litigation ^[8]
• Modification recommendations: Experts advise altering Midjourney images (e.g., combining with human-created elements) to strengthen copyright claims, though this does not guarantee protection ^[4]

A 2023 case highlighted in ^[8] involved a company using unmodified AI art in a marketing campaign, only to discover competitors had repurposed the same images for their own ads. The lack of copyright left the original company with no legal recourse. Such incidents underscore the importance of:

• Documenting subscriptions: Retaining proof of active paid plans during image generation to validate commercial rights ^[4]
• Avoiding direct replication: Never using AI images that closely mimic copyrighted styles or characters (e.g., Disney, Marvel) without explicit licenses ^[7]
• Monitoring platform updates: Midjourney’s terms may evolve, particularly as legal frameworks for AI art develop ^[8]

For high-stakes projects, consultants recommend supplementing AI visuals with original photography or licensed stock images to mitigate risks ^[2]. Businesses in regulated industries (e.g., healthcare, finance) should conduct legal reviews before deploying Midjourney assets in public-facing materials.