Professional and Commercial Applications

Lesson 1: Commercial Rights and Professional Terms

Lesson Objectives

By the end of this lesson, students should be able to:

  • Understand the relationship between subscription tier and commercial rights
  • Verify current Midjourney Terms of Service for commercial use
  • Apply commercial rights knowledge to client deliverable contracts
  • Understand what is NOT covered by Midjourney commercial rights

Lesson Content

Subscription tier and commercial rights.

Midjourney's commercial usage rights vary by subscription tier – higher tiers typically include full commercial rights while base tiers may have more limited rights. The specific terms are defined in Midjourney's current Terms of Service and change over time. ALWAYS verify current commercial rights at midjourney.com/terms before representing to clients that commercial rights are included in generated deliverables.

What commercial rights typically cover.

Commercial rights generally allow: using generated images in commercial projects, advertising, marketing materials, products for sale, and client deliverables. What is typically NOT covered: claiming copyright or sole ownership over AI-generated images (AI output is generally not copyright-protectable as a human-authored work in most jurisdictions – consult legal counsel for current guidance), exclusive commercial rights that prevent Midjourney or other users from generating similar content, and rights to content that Midjourney itself has generated using training data that may have rights implications.

Terms for companies over $1M revenue.

Midjourney's Terms of Service have historically included specific provisions for companies over a certain annual revenue threshold. This is a current example of evolving commercial terms – verify the current threshold and requirements at midjourney.com/terms, as these change.

Client contracts and AI-generated content.

When delivering AI-generated images to commercial clients: disclose that images are AI-generated (increasingly required by industry standards and regulations), confirm the applicable commercial rights tier, and note in the contract that images are generated outputs rather than traditionally authored copyrighted works. Clients should be informed so they can make their own legal review decisions for commercial use.

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