Commercial Use For AI Art Answered
Education
Introduction
When it comes to AI-generated content, particularly from platforms like OpenAI, MidJourney, Runway, and Stable Diffusion, understanding the legal implications of the content you create is crucial. There has been a great deal of confusion and misinformation surrounding copyright law associated with generative AI, especially after a recent U.S. court ruling stated that works generated by AI cannot be copyrighted. This ruling created panic about the permissible uses of generated content. However, it’s important to clarify that while you cannot patent, trademark, or copyright something generated by AI, you still have ownership rights to your generated assets, which are governed by the terms of service of the platforms.
OpenAI
OpenAI, the creator of ChatGPT and DALL·E, allows users to own their content generated through its services. According to Section 3, paragraphs A and B of OpenAI's terms of service, you retain ownership of the input (text prompts and images) you provide to its platforms. Moreover, OpenAI assigns to users all of its rights, titles, and interests in the output created, as long as the user complies with the terms and applicable laws. Thus, as a paying member (at least on a GPT Plus plan), you can use your output commercially, including for purposes like sales, publications, and print-on-demand products.
However, it's important to note that output may not be unique due to the nature of machine learning. If users generate similar prompts, they may end up with the same outputs, yet each user retains the rights to their individual versions. Furthermore, OpenAI has specific policies regarding content you can upload. It prohibits uploading images of people without consent or using images you don't hold the appropriate rights to—implicitly aligning with existing copyright laws.
MidJourney
MidJourney operates under similar principles. Users who pay for at least a basic membership ($ 10/month) own the assets they create. If you cancel or downgrade your membership, you still retain ownership of assets generated while you were a paying member. However, if you work on behalf of a company with more than $ 1 million in gross revenue, each individual must have a pro membership to own the generated assets. Notably, unpaid members fall under a Creative Commons license, which does not permit commercial use.
Runway
Runway's terms are relatively straightforward. When you generate and post content using their service, you represent that you own the content you upload. This includes rights to modify, reproduce, and create derivative works from that content. However, if the original files or inputs you work with infringe on existing copyrights, you would not own those resulting creations. Without a paid plan, generated content comes with watermarks, and users cannot remove these markers.
In this evolving landscape of AI-generated art, navigating the complexities of ownership can be challenging, but it’s essential to adhere to the terms of service of each platform to ensure that you can utilize your creations commercially.
Keywords
- AI-generated content
- Copyright law
- OpenAI
- MidJourney
- Runway
- Commercial use
- Terms of service
- Ownership rights
FAQ
1. Can I copyright AI-generated content?
No, you cannot seek copyright for content generated solely by AI, according to recent U.S. court rulings.
2. Do I own the images I create with OpenAI?
Yes, as long as you're a paying member, you own the output generated through OpenAI's services.
3. Can I use AI-generated images for commercial purposes?
You can use them commercially if you are a paid member of the platform and comply with the respective terms of service.
4. What happens if I cancel my MidJourney membership?
If you cancel your membership, you still retain ownership of the assets created while you were a paying member.
5. Are there restrictions on uploading images to AI platforms?
Yes, you cannot upload images of people without their consent or use images for which you do not hold the appropriate rights.
