In Canada, the licensing and usage rights for Midjourney images are complex and currently subject to legal uncertainty, especially regarding copyright ownership and infringement.
Midjourney grants users ownership of the images they create through its platform, allowing free use, including commercial use for paid subscribers, under specific subscription plans and terms. However, this ownership does not equate to traditional copyright ownership, as AI-generated images may not qualify for copyright protection under Canadian law. For example:
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Midjourney’s licensing:
- Free users operate under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0), allowing non-commercial use with attribution to Midjourney.
- Paid subscribers have broader commercial usage rights under Midjourney’s General Commercial Terms, including commercial use, provided they comply with terms such as not claiming exclusive ownership or infringing others’ rights.
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Ownership vs. copyright:
Users "own" the images they generate on Midjourney and can use them freely, but this ownership is limited. For example, upscaled images created by others require permission from the original creator. Also, businesses with revenue over $1,000,000 USD must have a Pro or Mega Plan for commercial use. -
Public domain and copyright issues:
AI-generated images, including those from Midjourney, are often considered to lack traditional copyright protection in Canada because they are not created by a human author. This means such images may effectively be in the public domain, allowing others to use, remix, or redistribute them freely. This raises risks for commercial users, as they cannot prevent others from using the same images. -
Legal challenges and copyright infringement:
There is ongoing litigation in Canada alleging that Midjourney and other AI image generators infringe copyrights by using copyrighted images without permission to train their models and by producing derivative works. This case, which may become a class action, challenges the legality of Midjourney’s training methods and output under Canadian copyright law. -
Canadian copyright law context:
Canadian copyright law currently lacks clear guidance on AI-generated works. Courts have recognized direct infringement claims based on unauthorized copying of copyrighted images used in AI training. However, whether AI-generated images themselves can be copyrighted or who owns such rights remains unsettled.
Summary Table:
| Aspect | Details |
|---|---|
| User rights | Ownership of generated images; commercial use allowed for paid subscribers under terms |
| Copyright status | AI-generated images likely not copyrightable in Canada; may be public domain |
| Restrictions | Upscaled images by others require permission; large businesses need Pro/Mega plan |
| Legal risks | Ongoing lawsuits allege copyright infringement in training and output; legal uncertainty |
| Practical implications | Commercial users risk others using same images; no exclusive copyright protection |
For Canadian users, it is advisable to consult legal experts regarding specific commercial uses of Midjourney images, given the evolving legal landscape and potential copyright infringement risks.
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