Midjourney To Users, "You're on your own." 😲 (2024)

With the rapidly advancing capabilities of artificial intelligence, Midjourney's recent tweaks to its Terms of Service and its stance on copyright have stirred quite the commotion.

It's like watching a circus tightrope walker...balancing between the exhilaration of creative exploration and the looming specter of legal entanglements.

As users step into this circus ring, they're met with a juggling act of rights and responsibilities, where the safety net seems to be made of fine print.

So, in this grand spectacle of AI-generated creativity, the question lingers:

Will users emerge as the daring tightrope walkers of innovation, or risk falling into the legal lions' den below?

Let's dig in.

AI and Accountability: Midjourney's Copyright Tightrope

MidJourney recently changed its Terms of Service to state that it will not be liable for any harm caused by a user's dependency on its service.

Midjourney now clearly addresses copyright infringement claims by emphasizing the responsibility of users to ensure that the content they generate and share adheres to copyright laws.

Users must incorporate original or appropriately licensed materials as inputs and avoid integrating copyrighted materials that could lead to legal consequences.

Midjourney's Terms of Service state that users grant the platform a license to reproduce, prepare derivative works of, publicly display, and distribute text and image prompts input into the service, as well as any assets produced through the service.

Just Because You Can, Doesn't Mean You Should

Kyle Wiggers and Devin Coldewey's recent TechCrunch article delves into Midjourney's strategic move in altering its terms of service regarding intellectual property disputes, signaling the company's confidence in prevailing in legal battles with creators whose works contribute to the training data of AI vendors like Midjourney.

The article highlights the contentious issue of fair use in model training, where vendors argue for transformative use of copyrighted works while some creators express concerns about the replication of training data by AI models.

Unlike some vendors who proactively secure licensing agreements or offer legal fee protection to customers facing copyright lawsuits, Midjourney has been bold in its utilization of copyrighted materials, including works from renowned artists and popular franchises like "Toy Story" and "Star Wars."

The article underscores the potential risks for Midjourney if fair use is not upheld, emphasizing the financial vulnerability the company faces despite its significant revenue achievements.

How Would a Lawsuit Impact Midjourney Users?

If users of Midjourney are sued, the Terms of Service outline that Midjourney will not be liable for any harm caused by the user's dependency on the service.

The DMCA and Takedowns Policy requires users to respect the intellectual property rights of others and provides procedures for reporting copyright or trademark infringement.

In the context of a lawsuit, users need to be aware that Midjourney's Terms of Service emphasize that the service is provided "AS IS" without warranties, and users are solely responsible for determining the appropriateness of using or redistributing the assets generated through the service.

Therefore, if users face legal action related to their use of Midjourney, they should be prepared to defend their actions independently as Midjourney's Terms of Service do not offer explicit legal protection or indemnification in such situations.

Potential Consequences for Users of Midjourney

If users of Midjourney are sued for copyright infringement, the potential consequences can vary based on the circ*mstances of the infringement.

Here are some key points from the sources provided:

1. Knowingly Infringing: If an end user knowingly uses Midjourney to create artwork that infringes upon another artist's work, both the end user and Midjourney can face legal repercussions under US Federal Law for copyright infringement. This scenario can lead to legal actions against both the end user and Midjourney.
2. Unknowingly Infringing: In cases where an end user unknowingly infringes on another artist's work, but without intent, the infringed artist still retains the right to sue both the end user and Midjourney under Federal law. However, per Midjourney's Terms of Service, the end user may be safe from legal action by Midjourney in such situations.
3. Reasonable Person Standard: There is a scenario where an end user unknowingly infringes, but evidence suggests that a reasonable person would have known about the infringement. In this case, both Midjourney and the infringed artist could potentially take legal action against the end user.
4. Legal Safeguards: Clauses like those in Midjourney's Terms of Service are common legal safeguards used by platforms hosting User Generated Content (UGC) to minimize liability in potential legal challenges arising from content created by users.
5. Responsibility on Users: Users of Midjourney bear the responsibility of ensuring that the content they generate and share adheres to copyright laws. Engaging in activities that infringe on copyrights may lead to legal consequences, emphasizing the importance of users being mindful of the source materials they use in the creative process.

So, potential consequences for users of Midjourney if they are sued for copyright infringement include facing legal actions from both infringed artists and potentially from Midjourney itself, depending on whether the infringement was done knowingly or unknowingly.

Users must adhere to copyright laws and ensure that their use of Midjourney complies with intellectual property regulations to avoid legal repercussions.

How do these policies differ from other AI image generator platforms?

The policies of Midjourney differ from other AI image generator platforms in several key aspects based on the provided sources:

1. Legal Protection for Users: Unlike some generative AI vendors that offer to defend customers from intellectual property lawsuits, Midjourney does not provide such legal protection. This lack of indemnity clauses in Midjourney's terms of service means that customers would need to bear the legal expenses themselves if implicated in a copyright lawsuit.
2. Handling of Copyright Issues: Midjourney has been described as somewhat brazen in its use of copyrighted works, maintaining a list of artists whose works were used to train its models without proactive licensing agreements or opt-out schemes for training datasets. This approach contrasts with vendors who have taken proactive measures to address copyright concerns by establishing licensing agreements with content creators and implementing opt-out options for training datasets.
3. Public Domain Images: Images created using Midjourney's AI tool become public domain, meaning that users do not own the copyright to the images they generate and cannot copyright them. This differs from platforms where users can own the images they create commercially but may not have full control over their usage due to the lack of copyright protection.
4. Moderation Policies: To their credit, Midjourney has implemented policies to block users from creating fake images of high-profile individuals like President Joe Biden and Trump during sensitive periods like elections, demonstrating a proactive stance on moderating potentially harmful content. This contrasts with other image-generating tools that have faced criticism for generating election disinformation and have been found to perform poorly in preventing such misuse.

Bottom Line

Midjourney's recent revisions to its Terms of Service and approach to copyright infringement mark a significant shift in the AI landscape.

While the platform's confidence in legal battles is evident, users must recognize their responsibility in adhering to copyright laws.

With no explicit legal protection provided, users face potential consequences independently.

This underscores the importance of caution and compliance in AI-generated content creation.

...and the need to watch your (digital) assets.

Frequently Asked Questions (FAQs) About Midjourney and Copyright

1. What types of content or themes are restricted on Midjourney, beyond copyright issues?Midjourney implements restrictions on generating content that is illegal, violates personal privacy, or is considered deeply unethical, such as explicit violence, hate speech, or p*rnography. These guidelines are in place to promote a safe and respectful environment for creativity.
2. Can users monetize the images created with Midjourney?While Midjourney allows for the creation of images, the monetization policies are subject to the terms of service, which dictate that images created become public domain. This means users should carefully review the terms regarding commercial use and potential revenue generation from these images.
3. How does Midjourney handle user data privacy?Midjourney's terms of service likely outline its data privacy practices, including how it collects, uses, and protects users' personal information and generated content. Users concerned about privacy should review these terms and consider the platform's compliance with relevant data protection laws.
4. What makes Midjourney's AI technology unique compared to other image generators?Midjourney might distinguish itself through unique algorithms, training data sets, or user interface features that emphasize creative freedom, image quality, or the ease of transforming ideas into visual content. These technical details can often be found in their official documentation or press releases.
5. Does Midjourney offer any tools or features to help users ensure their creations are copyright-compliant?While not explicitly mentioned, Midjourney could offer features such as content filtering, source attribution tools, or educational resources to help users understand and navigate copyright laws effectively, ensuring that their creations remain compliant.
6. How does Midjourney contribute to the broader conversation on AI ethics and creativity?Through its policies, community engagement, and participation in industry discussions, Midjourney may contribute to the ongoing conversation about the ethical use of AI in creative processes, including respect for copyright, artistic integrity, and the potential impact of AI on traditional creative industries.
7. What educational resources does Midjourney provide for new users to learn how to use the platform effectively?Midjourney likely offers tutorials, user guides, FAQs, and community forums designed to help new users navigate the platform, understand its capabilities, and unleash their creative potential using the tool.
8. Can Midjourney's AI create images in specific styles or emulate famous artworks?While respecting copyright laws, Midjourney's AI may offer features allowing users to generate images in various styles or inspired by historical art movements, provided these do not infringe upon the rights of contemporary artists or copyrighted works.
9. How does the platform handle feedback and updates to its Terms of Service or functionality?Midjourney may have mechanisms for user feedback and regularly reviews its Terms of Service, adapting its policies and platform functionalities based on user input, legal requirements, and technological advancements to better serve its community.
10. What is the process for reporting misuse or copyright infringement on Midjourney?The platform likely has a clear process outlined in its Terms of Service for reporting copyright infringement or misuse, including a dedicated contact point for such reports, ensuring that users can easily flag content that violates copyright laws or platform guidelines.

Glossary of Terms

1. Artificial Intelligence (AI): The simulation of human intelligence processes by machines, especially computer systems, often involving tasks such as learning, reasoning, and self-correction.
2. Terms of Service: Legally binding agreements between a service provider and a user, outlining the rules and conditions under which the service is provided.
3. Copyright: Legal protection granted to the creators of original works of authorship, including literary, dramatic, musical, and certain other intellectual works.
4. Legal Entanglements: Complex legal situations or disputes that may arise, often involving multiple parties and intricate legal issues.
5. Fine Print: The specific details or conditions of a contract or agreement, often written in small font and requiring careful attention.
6. Fair Use: A doctrine in copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, often for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
7. Transformative Use: The modification or adaptation of copyrighted material in a way that creates new meaning or expression, often considered a defense against copyright infringement.
8. Training Data: Data used to train machine learning models, often comprising examples of inputs and corresponding outputs to enable the model to learn patterns and make predictions.
9. DMCA (Digital Millennium Copyright Act): United States copyright law that criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works.
10. Indemnification: The act of compensating someone for harm or loss incurred, often through legal means.
11. Intellectual Property: Creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce.
12. User Generated Content (UGC): Content created by users of a platform or service, often shared publicly or within a community.
13. Public Domain: Works that are not protected by copyright and are available for anyone to use without permission.
14. Legal Safeguards: Measures taken to protect against legal liability or risk, often through contractual agreements or policies.
15. Opt-out: A mechanism allowing individuals to choose not to participate in something or to exclude themselves from certain activities or processes.
16. Moderation Policies: Rules and guidelines set by a platform to regulate user behavior and content, often aimed at maintaining a safe and respectful environment.
17. Copyright Infringement: The unauthorized use of copyrighted material in a manner that violates the copyright owner's rights, such as reproduction, distribution, display, or performance.
18. Public Domain Images: Images that are not subject to copyright restrictions and are available for unrestricted use by the public.
19. Legal Protection: Measures taken to safeguard individuals or entities from legal liability or harm, often through contractual provisions or insurance.
20. Compliance: Adherence to laws, regulations, standards, or guidelines, often related to ethical or legal practices within a particular industry or context.