Midjourney · Midjourney Terms of Service · View original document ↗

DMCA Takedown and Counter-Notification Procedures

Medium severity High confidence Explicitdocumentlanguage Unique · 0 of 343 platforms
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Document Record

What it is

If someone reports that your generated content infringes their copyright, Midjourney may remove it and can ban repeat infringers; you can file a counter-notice to request restoration of removed content, which may be restored within 10-14 business days if no court action is initiated.

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 agreement establishes a formal DMCA-compliant takedown and counter-notification process, including a repeat infringer termination policy, which has direct implications for users whose assets are subject to copyright claims.

Recent Activity

This document changed recently

High Apr 26, 2026

Midjourney removed substantial sections from its Terms of Service covering age requirements, content rights, DMCA policy, dispute resolution, payment and billing, and community guidelines. The removal of these section headers and their substantive content means users no longer have explicit written guidance on these critical areas within the primary terms document. This creates operational uncertainty about what terms now govern these areas: whether they were relocated to separate policies, consolidated elsewhere, or eliminated entirely cannot be determined from this change summary alone. The absence of explicit terms on dispute resolution, age verification, and content rights represents a material change in contractual transparency.

View change record →

Clause Stability Stable

0
Changes
3
Months Monitored
Apr 3, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 646 other provisions on other platforms.

Change history

modified May 28, 2026

Previous version had empty excerpt; current version provides detailed DMCA procedures including restoration timeline and repeated infringement termination.

View full change record →

Consumer impact (what this means for users)

Users whose generated assets are subject to a valid DMCA notice may have those assets removed and, if deemed repeat infringers, may have their accounts terminated; users can submit a counter-notification to contest removal, with a 10-14 business day restoration window if no court action is filed.

How other platforms handle this

Twitch Medium

Twitch will terminate, in appropriate circumstances, the accounts of account holders who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Twitch's Copyright Agent with the following information: (a) An electronic or...

Kajabi Medium

"Content" means anything you or your Customers create or make available through the Service in connection with your Account, including your intellectual property (e.g. trademarks, trade names, service marks, and copyrighted works); the products or services you offer (e.g., courses, coaching, members...

ConvertKit Medium

By posting, uploading, inputting, providing or submitting your Content you grant Kit, its affiliated companies and necessary sublicensees permission to use your Content in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, trans...

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▸ View Original Clause Language DOCUMENT RECORD
"
Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement. [...] The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.

— Excerpt from Midjourney's Midjourney Terms of Service

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: This provision is directly structured around the DMCA safe harbor provisions under 17 U.S.C. Section 512, including the repeat infringer termination requirement for DMCA safe harbor eligibility. Compliance with Section 512 procedures is required for Midjourney to maintain safe harbor protection against copyright liability. The US Copyright Office and federal courts are the relevant authorities. GOVERNANCE EXPOSURE: Medium. The formal DMCA process is standard for platforms hosting user-generated content and reflects compliance with Section 512 requirements. The application of DMCA procedures to AI-generated content, where the nature of copyright subsistence is itself legally unsettled, creates novel exposure for both Midjourney and users whose assets are subject to takedown claims. JURISDICTION FLAGS: DMCA procedures apply under US law; non-US users may have additional or different rights under their national copyright frameworks. The EU's Copyright Directive (Article 17) and national implementations impose different takedown and redress obligations for platforms operating in the EU. CONTRACT AND VENDOR IMPLICATIONS: Organizations that commercially deploy Midjourney-generated assets should establish processes for monitoring and responding to DMCA claims, including preserving counter-notification rights within applicable timeframes. The repeat infringer termination policy means that multiple claims against a single account could result in loss of service access. COMPLIANCE CONSIDERATIONS: Legal teams should ensure that workflows for commercially deployed Midjourney assets include a mechanism for receiving and responding to DMCA takedown notices within the required timeframe. Counter-notification procedures should be documented and accessible to relevant staff.

Full compliance analysis

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Applicable agencies

  • FTC
    DMCA compliance and platform IP enforcement practices fall within the broader consumer protection and deceptive practices framework overseen by the FTC in contexts involving consumers
    File a complaint →

Applicable regulations

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 12, 2026
Last verified
May 12, 2026
Record ID
CA-P-000684
Document ID
CA-D-00095
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
9a2b42a0693b3c2de0be878744fbf5317bb98666e014a286fa93c912d9aeae61
Analysis generated
May 12, 2026 04:50 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Midjourney
Document: Midjourney Terms of Service
Record ID: CA-P-000684
Captured: 2026-05-12 04:50:45 UTC
SHA-256: 9a2b42a0693b3c2d…
URL: https://conductatlas.com/platform/midjourney/midjourney-terms-of-service/dmca-takedown-and-counter-notification-procedures/
Accessed: July 4, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Midjourney's DMCA Takedown and Counter-Notification Procedures clause do?

The agreement establishes a formal DMCA-compliant takedown and counter-notification process, including a repeat infringer termination policy, which has direct implications for users whose assets are subject to copyright claims.

How does this clause affect you?

Users whose generated assets are subject to a valid DMCA notice may have those assets removed and, if deemed repeat infringers, may have their accounts terminated; users can submit a counter-notification to contest removal, with a 10-14 business day restoration window if no court action is filed.

Is ConductAtlas affiliated with Midjourney?

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