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Not sure about the Licensing and Terms of Use of AI Image Generators?

Written by Alina Lee

Checking the terms of use (or service) and licensing agreement of an AI-generated image from a third-party source or platform is essential to see if there are any limits on using it on websites or commercial applications. Below are details of some well-known AI image generators and your rights in the content they produce.

DALL-E (Open AI)
• Cost: Free (15 Credits); Purchase an additional 115 credits for $15. Each credit allows you to create one “generation” using the system.
• Terms of use: “As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.”

Visme
• Cost: Free (Basic plan) to $24.75 per month (Pro plan, billed annually).
• Terms of use: “Visme will not claim any copyright ownership over your
input data or the resulting material you generate.”

Midjourney
• Cost: $8 per month (Basic plan, billed annually) to $96.99 per month (Mega plan, billed annually).
• Terms of use: “ You own all Assets You create with the Services to the fullest extent possible under applicable law.”

Bing Image Creator
• Cost: Free
• Terms of use: “Microsoft does not claim ownership of Prompts, Creations, or any other content you provide, post, input, or submit to, or receive from, Image Creator (including feedback and suggestions).”

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About The Author Alina Lee

I am a marketing law attorney who helps marketing agencies and companies with marketing departments protect their brands. In my legal career, I’ve worked at two prominent law firms and in-house at two renowned companies. Through my firm, Your Ad Attorney, I provide end-to-end legal counseling for your front-end marketing, online paywalls, and customer service communications. Plus, I provide up front flat rates on a project-by-project basis with clear turnaround times.

Prior results do not guarantee a similar outcome.

This blog gives general information about marketing law trends and updates. Nothing on this site is meant as legal advice. Each situation differs on a case-by-case basis depending on the facts presented. Providing this information doesn’t create an attorney-client relationship and readers should not act upon this information without seeking legal counsel.