Can You Use AI Generated Images Commercially? What You Need to Know in 2026

You've generated some amazing AI images. Now you want to use them on your website, in a product, or for a client project. But can you actually do that legally?

The short answer: yes, in most cases. But the details matter — and they vary significantly by platform. Let's break it down.

The Current Legal Landscape

As of early 2026, the legal framework around AI-generated images is still evolving, but some things are becoming clearer:

Copyright ownership of AI-generated images remains a gray area in the US. The Copyright Office has generally held that purely AI-generated works aren't copyrightable by the user, since copyright requires human authorship. However, images where a human contributes meaningful creative direction — choosing prompts, editing, composing elements — may qualify for at least partial protection.

Commercial use rights are separate from copyright. Even if you can't copyright an AI image, the platform's terms of service typically grant you the right to use it commercially. This is the part most people actually care about.

Training data lawsuits are ongoing (several against Stability AI, Midjourney, and others), but these affect the platforms, not end users. You're not liable for how the model was trained.

Platform-by-Platform Commercial Rights

Here's what each major platform allows:

Myjourney

Commercial use: Yes, fully allowed.

When you generate images on Myjourney, you own full rights to everything you create. No restrictions on commercial use, no revenue thresholds, no attribution required. Use them in products, marketing, client work — whatever you need.

This applies to all plans and all generation modes (Standard, Raw, and Draft). There's no distinction between free and paid tiers when it comes to ownership.

Midjourney

Commercial use: Yes, with conditions.

Paid subscribers on any plan can use Midjourney images commercially. However, there are nuances:

• Free trial users do not get commercial rights
• Companies with over $1M in annual revenue must be on the Pro or Mega plan
• Images are generated through Discord, which means they're visible to others in public channels (though you can use DMs or the web interface for privacy)
• Midjourney's terms grant you ownership, but the company retains a broad license to use your images for marketing and model improvement

DALL-E 3 (OpenAI)

Commercial use: Yes.

OpenAI's terms explicitly allow commercial use of DALL-E outputs. Key details:

• You own the images you generate, whether through the API or ChatGPT
• No attribution required
• OpenAI retains rights to use outputs for model improvement unless you opt out via the API
• Content policy restrictions apply (no violent, sexual, or deceptive content)

Stable Diffusion

Commercial use: Depends on the model version.

This gets complicated because Stable Diffusion is open source:

• SDXL and SD 3.x use different licenses — some restrict commercial use for high-revenue companies
• Self-hosted models give you the most flexibility, but you're responsible for compliance
• Third-party platforms (like DreamStudio) have their own terms layered on top
• Community fine-tuned models may have additional restrictions

Always check the specific license of the model version you're using.

Adobe Firefly

Commercial use: Yes, a key selling point.

Adobe specifically markets Firefly as "commercially safe" because it was trained on Adobe Stock, openly licensed content, and public domain works. This is their competitive edge:

• Full commercial rights on all generated images
• Designed to avoid IP infringement concerns
• Content Credentials metadata tags images as AI-generated
• Integrated with Creative Cloud for professional workflows

The trade-off is that Firefly's outputs can sometimes feel more generic compared to other generators, likely because of the more conservative training data.

What About Copyright Registration?

Here's where it gets nuanced. Even though platforms grant you commercial use rights, you may not be able to register a copyright on a purely AI-generated image in the US.

The US Copyright Office's current position:

• Purely AI-generated images with no human authorship = not copyrightable
• Images with significant human creative input (editing, compositing, creative selection) = potentially copyrightable
• The prompt alone is generally not considered sufficient human authorship

What this means practically: You can sell and commercially use AI images, but you may not be able to stop others from using the same or similar images. This matters less than you'd think for most business applications — your marketing materials, social media posts, and website graphics don't usually need copyright registration.

Practical Advice for Businesses

Do's

Do use AI images for:

• Website graphics and hero images
• Social media content
• Blog post illustrations
• Internal presentations
• Prototypes and mockups
• Marketing materials and ads

Do keep records of your prompts and generation settings. If ownership is ever questioned, documentation of your creative process helps establish your contribution.

Do edit and customize AI-generated images. Adding text overlays, combining multiple generations, color-grading, and compositing all strengthen your claim to the final work.

Do check platform terms before starting a project. Terms of service change, and what's allowed today might have different conditions tomorrow.

Don'ts

Don't use AI images to:

• Impersonate real people (this is a legal minefield regardless of AI)
• Create deepfakes or misleading content
• Replicate copyrighted characters or trademarked designs intentionally
• Generate content that violates platform policies

Don't assume exclusivity. Someone else could generate a very similar image using a similar prompt. If you need guaranteed uniqueness, consider using AI as a starting point and having a designer customize from there.

Don't ignore disclosure requirements. Some industries (advertising, journalism) increasingly require disclosure of AI-generated content. The EU AI Act and various US state laws are introducing transparency requirements. Stay current with regulations in your market.

Industry-Specific Considerations

E-commerce and product imagery: AI images work great for lifestyle shots and backgrounds. For actual product photos, you'll still want real photography — but AI can enhance and stylize those photos.

Publishing and editorial: Many publications now have policies on AI imagery. Check before submitting. Some require disclosure, others ban it entirely.

Client work and agencies: Make sure your client agreement addresses AI-generated content. Some clients specifically prohibit it; others love the cost savings. Clarify upfront.

Print-on-demand and merchandise: Generally allowed, but check the specific print platform's policies. Most (Printful, Redbubble, etc.) allow AI-generated designs as long as they don't infringe on existing IP.

The Safest Approach

If you want maximum commercial flexibility with minimum legal risk:

1. Use a platform with clear commercial terms — Myjourney gives you full ownership with no strings attached
2. Add human creative input — edit, combine, and customize your generations
3. Document your process — keep prompts and generation logs
4. Don't copy existing works — avoid prompts that reference specific artists, brands, or copyrighted characters
5. Stay informed — the legal landscape is still evolving

Bottom Line

For the vast majority of business uses, AI-generated images are commercially safe to use right now. The platforms that matter most all grant commercial rights to paying users, and the practical risk for typical business applications is low.

The key is choosing a platform with straightforward terms. Myjourney keeps it simple: you generate it, you own it, no asterisks. Start creating and put those images to work — check out our prompt writing guide to make sure your first generations are great ones.