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