Provision record
Midjourney · Midjourney Terms of Service · View original document ↗

Copyright Ownership Split: Free vs. Paid Tiers

High severity Medium confidence Explicit document language Common · 142 of 352 platforms
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Document Record

What it is

If you pay for a Midjourney subscription, you own the images you create. If you use the free plan, Midjourney owns the images and only gives you a non-commercial license to use them.

This analysis describes what Midjourney's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The clause creates distinct intellectual property regimes tied to payment status, determining whether users hold copyright to outputs or operate under a non-commercial license from Midjourney. This directly affects permitted use cases, commercialization rights, and asset disposition across the user base.

Interpretive note: The legal validity of copyright ownership in AI-generated outputs is unsettled in the US and other jurisdictions; Midjourney's claimed ownership over free-tier content may face challenge depending on regulatory and judicial developments.

Recent Activity

This document changed recently

Medium May 28, 2026

The updated terms establish a Community Localization program that permits users to submit translations and localization content. By submitting translations, users irrevocably assign all rights, title, and interest (including intellectual property and moral rights waiver where applicable) to Midjourney. The terms state that Midjourney may use, modify, monetize, or reject translations for any reason, and may suspend or terminate participation at any time. Users provide translations voluntarily without expectation of compensation or attribution. You can choose whether or not to participate in the Community Localization program; submission of translations is optional and governed by these new terms.

View change record →

Clause Stability Stable

0
Changes
5
Months Monitored
May 10, 2026
First Seen
May 11, 2026
Last Seen
This clause type exists across 351 other provisions on other platforms.

Consumer impact (what this means for users)

Free-tier users do not own their generated images and are restricted to non-commercial use under a Creative Commons license, which means they cannot sell prints, use images in client work, or incorporate them into commercial products without upgrading to a paid plan.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Cancel Subscription
    Log into your Midjourney account and navigate to account settings to review or upgrade your subscription plan. Ensure you are on a paid plan before using generated images for commercial purposes.

How other platforms handle this

DoorDash Medium

you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship, or other affiliation...you will not submit a Rating or Review in exchange for payment, free food items, or other benefits

Tinder Medium

In assessing misuse, we consider factors such as evidence that a report was motivated by bias or hatred (e.g., based on protected characteristics such as race, sexual orientation, or gender identity) or other malicious intent.

Mailchimp Medium

We review account behavior and content that Members create, send, and publish in Mailchimp, including Campaigns and Websites.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
Subject to the above license, as between you and Midjourney, you own all Assets you create with the Services, provided that you have subscribed to a paid plan. If you are using the Services under a Free plan, Midjourney retains ownership of all Assets generated, and grants you a license under the Creative Commons Noncommercial 4.0 Attribution International License.

Excerpt from Midjourney's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: Copyright ownership and assignment in AI-generated works is an evolving area of law; the US Copyright Office has issued guidance indicating that purely AI-generated works without sufficient human authorship may not be eligible …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

California AB 2013 AI Training Data Transparency
US-CA
DMCA
United States Federal
DSA
European Union

Provision details

Document information
Document
Midjourney Terms of Service
Entity
Midjourney
Document last updated
May 5, 2026
Tracking information
First tracked
May 10, 2026
Last verified
May 10, 2026
Record ID
CA-P-009146
Document ID
CA-D-00095
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
e9ef3d2abe74b72bd21a0f1455fd7f7b05890d1e5a9bd0da7c6c3c0881ec293e
Analysis generated
May 10, 2026 15:10 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Midjourney
Document: Midjourney Terms of Service
Record ID: CA-P-009146
Captured: 2026-05-10 15:10:12 UTC
SHA-256: e9ef3d2abe74b72b…
URL: https://conductatlas.com/platform/midjourney/midjourney-terms-of-service/provision/CA-P-009146/copyright-ownership-split-free-vs-paid-tiers/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Midjourney's Copyright Ownership Split: Free vs. Paid Tiers clause do?

The clause creates distinct intellectual property regimes tied to payment status, determining whether users hold copyright to outputs or operate under a non-commercial license from Midjourney. This directly affects permitted use cases, commercialization rights, and asset disposition across the user base.

How does this clause affect you?

Free-tier users do not own their generated images and are restricted to non-commercial use under a Creative Commons license, which means they cannot sell prints, use images in client work, or incorporate them into commercial products without upgrading to a paid plan.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 142 platforms. See the full comparison.

Is ConductAtlas affiliated with Midjourney?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Midjourney.