If you work for a company that earns more than $1,000,000 per year, you or your company must have a Pro or Mega subscription plan; otherwise, you do not own the images you generate through Midjourney under these terms.
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 conditions asset ownership for business users on maintaining a qualifying subscription tier, meaning that a change in subscription level or company revenue crossing the threshold without a corresponding plan upgrade results in loss of IP ownership claims under these terms.
Interpretive note: The enforceability of contractual conditions on copyright ownership varies by jurisdiction, and the interaction with US Copyright Act principles for AI-generated works remains legally unsettled.
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 remova…
Business users and their employees at companies exceeding $1,000,000 annual revenue must hold a Pro or Mega plan to own generated assets; the terms do not specify how Midjourney verifies revenue, which creates uncertainty about enforcement and compliance obligations for affected users.
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This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
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"You own all Assets You create with the Services to the fullest extent possible under applicable law. There are some exceptions: [...] If you are a company or any employee of a company with more than $1,000,000 USD a year in revenue, you must be subscribed to a 'Pro' or 'Mega' plan to own Your Assets.— Excerpt from Midjourney's Midjourney Terms of Service
REGULATORY LANDSCAPE: This provision primarily engages copyright law and the enforceability of contractual IP ownership conditions. The interaction between this contractual condition and the operation of copyright law in specific jurisdictions (including the US Copyright Act's treatment of works made for hire and AI-generated works) requires legal evaluation. The FTC Act may be relevant if the threshold and its consequences are not clearly disclosed during the subscription purchase flow. GOVERNANCE EXPOSURE: High. Organizations with annual revenue above $1,000,000 that do not hold the required plan tier may generate commercially used assets without legally owning them under this agreement. There is no stated verification mechanism in the document, creating uncertainty about how compliance is assessed or enforced. Companies that grow past the threshold during a subscription period face retroactive ownership ambiguity. JURISDICTION FLAGS: The enforceability of contractual conditions on copyright ownership varies by jurisdiction. In the US, copyright ownership principles under the Copyright Act may interact with this contractual provision in complex ways, particularly regarding AI-generated works where copyright subsistence is itself unsettled. EU and UK users should evaluate whether this condition is enforceable under applicable national copyright and contract law. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should document their current subscription tier, verify it against the revenue threshold, and establish a review trigger when approaching $1,000,000 in annual revenue. Any commercial agreements relying on IP ownership of Midjourney-generated assets should confirm the qualifying subscription was held at the time of generation. COMPLIANCE CONSIDERATIONS: Legal teams should audit current and historical subscription tiers against revenue figures for periods during which Midjourney-generated assets were commercially deployed. Internal controls should be established to ensure that subscription upgrades occur before or concurrent with revenue crossing the threshold, and that employees are aware of this obligation.
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The agreement conditions asset ownership for business users on maintaining a qualifying subscription tier, meaning that a change in subscription level or company revenue crossing the threshold without a corresponding plan upgrade results in loss of IP ownership claims under these terms.
Business users and their employees at companies exceeding $1,000,000 annual revenue must hold a Pro or Mega plan to own generated assets; the terms do not specify how Midjourney verifies revenue, which creates uncertainty about enforcement and compliance obligations for affected users.
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