How to Use Midjourney Commercially: Complete Guide 2025

\n\n## Introduction

This guide provides a comprehensive, step-by-step explanation of Midjourney's commercial use policy. As AI image generation becomes increasingly popular for various business applications, understanding the licensing and usage rights is crucial to avoid legal issues. This guide covers the essential aspects of Midjourney's terms of service and clarifies how you can legally utilize Midjourney-generated images for commercial purposes in 2025. We'll also explore the specifics of subscription tiers, ownership, and exceptions to the standard rules.

Prerequisites

Before diving into the details of Midjourney's commercial use policy, ensure you have the following:

1. A Midjourney Account: You need an active Midjourney account and subscription. The specific tier of your subscription will influence your commercial use rights.
2. Basic Understanding of Midjourney: Familiarity with Midjourney's interface, prompting techniques, and general image generation process is beneficial.
3. Access to Discord: Midjourney operates primarily through a Discord server. You will need a Discord account and access to the Midjourney server.
4. Understanding of Copyright Law (Basic): A general understanding of copyright principles is helpful in navigating the nuances of commercial use.

Steps to Understanding Midjourney Commercial Use

Here's a detailed breakdown of Midjourney's commercial use policy and how it applies to your business:

Step 1: Review Midjourney's Terms of Service (TOS)

This is the most critical step. Midjourney's TOS is the definitive source of information regarding commercial use. It's essential to read the entire document, but pay particular attention to the sections related to ownership, licensing, and acceptable use.

• Where to Find the TOS: The Terms of Service are available on the Midjourney website: https://docs.midjourney.com/docs/terms-of-service (Always check for the latest version).
• Key Sections to Focus On:
  • Ownership: Who owns the images you create?
  • Commercial Use: What are the limitations and permissions for using images commercially?
  • Acceptable Use Policy: What types of content are prohibited?
  • Subscription Levels: How does your subscription level affect your rights?

Step 2: Determine Your Subscription Level

Midjourney offers various subscription tiers, each with different commercial use rights. Knowing your current subscription level is crucial.

• How to Check Your Subscription:
  1. Log into your Midjourney account on the website.
  2. Navigate to your account settings or subscription details.
  3. Your current subscription level will be displayed.
• Subscription Levels and Commercial Use:
  • Basic Plan: Commercial use is generally restricted. You typically need to be a paying member to use images commercially. Review the specific TOS for the Basic Plan's current limitations.
  • Standard Plan: Users with a Standard Plan generally have commercial use rights, provided they adhere to the usage guidelines.
  • Pro Plan: Pro Plan subscribers also have commercial use rights and access to "Stealth Mode," which keeps your image generation private.
  • Mega Plan: The Mega Plan offers the same commercial use rights as the Pro Plan but with more GPU time.
• Impact of Subscription Level: Your subscription level directly impacts your ability to use Midjourney images for commercial purposes. Ensure you have a subscription that allows for commercial use if that's your intention.

Step 3: Understand the Ownership Clause

Midjourney's ownership clause is a key element of its commercial use policy. The general rule is that you own the images you create if you are a paying subscriber and adhere to the TOS.

• The $1 Million Revenue Rule (Simplified): If your company generates over $1 million USD in annual revenue, you are required to purchase a Corporate Membership. This ensures that Midjourney is fairly compensated for its technology being used by larger commercial entities. Not adhering to this can lead to legal issues.
• Non-Paying Members: If you are not a paying member, Midjourney retains ownership of the images you create. This means you cannot use them for commercial purposes.
• Exceptions and Nuances: The ownership clause can be complex, especially in cases involving collaborations or modifications of existing images. Always refer to the latest TOS for clarification.

Step 4: Review the Acceptable Use Policy

Midjourney prohibits the generation of certain types of content. Violating the Acceptable Use Policy can result in account suspension and legal consequences.

• Prohibited Content Categories:
  • Hateful or discriminatory content
  • Illegal activities
  • Sexually explicit or graphic content (even with modifications or creative interpretations)
  • Content that violates the rights of others
  • Misinformation or disinformation
• Consequences of Violating the Policy: Midjourney reserves the right to suspend or terminate accounts that violate the Acceptable Use Policy. They may also take legal action if necessary.
• Avoiding Violations: Carefully consider the prompts you use and the images you generate. If you are unsure whether a particular type of content is permissible, err on the side of caution.

Step 5: Determine if Your Use Case is Considered Commercial

"Commercial use" can be broad. It's important to determine whether your intended use falls under this category.

• Examples of Commercial Use:
  • Using Midjourney images in advertisements or marketing materials
  • Selling products featuring Midjourney images (e.g., t-shirts, posters)
  • Using Midjourney images in a book or publication for sale
  • Using Midjourney images to create logos or branding for your business
  • Using Midjourney images in a video or film for commercial distribution
• Examples of Non-Commercial Use:
  • Using Midjourney images for personal projects (e.g., creating artwork for your home)
  • Sharing Midjourney images on social media for non-promotional purposes
  • Using Midjourney images for educational purposes (e.g., in a classroom presentation)

Step 6: Properly Attribute Midjourney (If Required)

In some cases, Midjourney may require you to attribute the use of its technology. This is often specified in the TOS or communicated through other channels.

• How to Attribute Midjourney: The specific attribution requirements may vary, but generally, you should include a statement such as "Image generated using Midjourney" or "Artwork created with Midjourney."
• Where to Include Attribution: The attribution should be placed in a prominent location, such as the image caption, the credits of a video, or the copyright notice of a publication.
• Checking for Attribution Requirements: Always refer to the latest TOS or contact Midjourney support to confirm whether attribution is required for your specific use case.

Step 7: Understand the Remixing and Derivative Work Rules

Midjourney allows you to remix and create derivative works from images generated by others. However, there are important considerations regarding commercial use and ownership in these cases.

• Remixing Images: You can use the /blend command or other tools to combine and modify existing Midjourney images.
• Derivative Works: A derivative work is a new work based on or derived from one or more existing works.
• Ownership of Derivative Works: The ownership of derivative works can be complex. Generally, the original creator retains ownership of the underlying image, while you own the modifications you made. However, commercial use rights may be restricted depending on the licensing of the original image.
• Commercial Use of Derivative Works: Before using a derivative work commercially, ensure you have the necessary permissions from the original creator and that your use complies with Midjourney's TOS.

Step 8: Be Aware of the Community Guidelines

Midjourney has community guidelines that outline acceptable behavior within the Discord server. Adhering to these guidelines is essential for maintaining a positive and respectful environment.

• Respectful Communication: Treat other users with respect and avoid offensive or harassing language.
• No Spamming or Self-Promotion: Avoid spamming the server with irrelevant messages or excessive self-promotion.
• Reporting Violations: If you witness violations of the community guidelines, report them to the Midjourney moderators.
• Consequences of Violations: Violating the community guidelines can result in warnings, temporary bans, or permanent account suspension.

Step 9: Seek Legal Advice (If Necessary)

If you have complex commercial use scenarios or are unsure about your rights, it is always best to seek legal advice from a qualified attorney specializing in intellectual property law.

• When to Seek Legal Advice:
  • You are using Midjourney images in a high-value commercial project.
  • You are unsure about the ownership or licensing of a particular image.
  • You are facing legal challenges related to your use of Midjourney images.
• Finding a Qualified Attorney: Look for an attorney with experience in copyright law, intellectual property law, and AI-generated content.

Step 10: Stay Updated on Policy Changes

Midjourney's Terms of Service and other policies are subject to change. It is crucial to stay updated on any modifications to ensure your continued compliance.

• How to Stay Updated:
  • Regularly review the Midjourney website and Discord server for announcements.
  • Subscribe to Midjourney's email newsletter.
  • Follow Midjourney on social media.
• Impact of Policy Changes: Policy changes can affect your commercial use rights, so it is important to be aware of them and adjust your practices accordingly.

Step 11: Consider Alternatives and Supplementary Tools

While Midjourney is powerful, it's worth exploring other AI image generators and tools that might better suit specific commercial needs, especially those involving NSFW content.

• FluxNSFW.ai: For projects that involve adult content or require fine-grained control over NSFW aspects, consider using FluxNSFW.ai (https://fluxnsfw.ai). It offers specialized features and capabilities tailored to this niche.
• DALL-E 2, Stable Diffusion: These are other popular AI image generators with varying commercial use policies. Research their terms carefully.
• Image Editing Software: Tools like Adobe Photoshop or GIMP can be used to further refine and modify Midjourney images for commercial use.

Troubleshooting

• "My images are being used commercially without my permission": Contact Midjourney support and provide evidence of the unauthorized use.
• "I'm unsure whether my use case is considered commercial": Refer to the examples provided in this guide and consult with a legal professional if necessary.
• "My account was suspended for violating the Acceptable Use Policy": Review the policy carefully and appeal the suspension if you believe it was unjustified.

Conclusion

Understanding Midjourney's commercial use policy is essential for anyone using the platform for business purposes. By following the steps outlined in this guide, you can ensure that you are using Midjourney images legally and ethically. Remember to always refer to the latest Terms of Service and seek legal advice if you have any doubts. Keep an eye on policy updates and consider specialized tools like FluxNSFW.ai (https://fluxnsfw.ai) for specific needs. With careful planning and adherence to the rules, you can leverage the power of Midjourney to create stunning visuals for your commercial projects.