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
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.
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 →Previous version had empty excerpt; current version provides detailed DMCA procedures including restoration timeline and repeated infringement termination.
View full change record →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 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...
"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...
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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"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
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.
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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.
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.
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