Are you looking for a history of the Midjourney Terms of Service?
You probably already know where Midjourney keeps the latest version of their detailed terms of service.
But do you also know how the terms have changed over time and what sort of clauses they’ve added since you first used their software?
In this guide, we’ll show you a complete overview of the Midjourney Terms of Service, including all the amendments they’ve made over time.
Let’s dive right in.
Like this content? Then share it!
Full History of the Midjourney Terms of Servicewww.tokenizedhq.com
Here’s the answer. Great article by @ChrisHeidorn right here: https://tokenizedhq.com/midjourney-terms-of-service/
What Was Changed in the Latest Version?
The Midjourney Terms of Service were last updated on August 28, 2022.
Only 2 changes were made to the terms, one pertaining to the rights of the user and another one that introduces license restrictions for certain use cases.
In the following, I’ll share the exact clauses that were added and attempt to explain what they might mean for you as a user.
Change #1: Added Exception Clause
Within paragraph 4 (§4 “Copyright and Trademark”) of the Midjourney Terms of Service, there is a section that deals with the specific rights of you, the user.
It effectively governs the licensing rules that state that you are the owner of all the assets that you create with Midjourney.
However, there are certain exceptions that apply to these rules and with this amendment to the Terms of Service, a third exception was added.
Exception 3: Asset Privacy
If you are subject to a corporate license, or bought a privacy add-on to your subscription, we agree to make best efforts not to publish any Assets you make in any situation where “Private mode” is engaged in the Services.
Please be aware that any image you make in a shared or open space such as a Discord chatroom, is viewable by anyone in that chatroom, regardless of whether Private mode is engaged.Midjourney Terms of Service, August 28, 2022
What this means is that the way Midjourney works is highly susceptible to the accidental publication of images that you create with Midjourney, even if you have activated Private Mode.
This is of particular concern to Corporate customers whose images are meant to be private by default (if I recall correctly).
This clause effectively limits Midjourney’s warranty and liability in case an image does get leaked to the public.
Change #2: Added Supplemental Terms
Midjourney’s legal team also added a new paragraph 12 (§12 “Supplemental Terms”).
12. Supplemental terms
If you use the “Beta Model” (available only on 8/22/2022) or ‘test’ or ‘testp’ mode (on 8/28/2022) to create Assets on the Service. Your use of this model may be subject to license and use restrictions as explained in the Creative ML OpenRAIL-M license.Midjourney Terms of Service, August 28, 2022
This addresses the fact that Midjoureny has continuously released experimental models referred to as “Beta Model”, “test”, or “testp”.
This addition to the Midjourney Terms of Service essentially states that any images that you create using experimental models may be subject to different license terms and restrictions.
They do not elaborate on what these terms and restrictions might be but they reference the Creative ML OpenRAIL-M license.
This is interesting because it is the very same license under which Stable Diffusion was released.
To be clear, the Creative ML OpenRAIL-M license is not “open-source” in the strictest sense of the word but rather “open-source like” or “permissive”.
It does limit the usage of the model.
So does that mean Midjourney is experimenting with Stable Diffusion?
Key Points (tl;dr)
- The Midjourney Terms of Service were last updated on August 28, 2022, with 2 amendments to the document.
- The first change was a third exception to the user’s rights governed by the “Copyright and Trademark” paragraph.
- The second change was supplemental terms related to the use of experimental models, which may be subject to limitations and restrictions.
All Versions of the Midjourney Terms of Service
Although there has currently only been a single update to the Midjourney Terms of Service, I’m sure there will be many more in the future.
It is our objective to provide an archive of all versions of Midjourney’s terms in order to illustrate how the legal frameworks around AI art generators change over time.
Here is the full archive (click to download the Google Doc):
The Current Version of the Midjourney Terms of Service
Frequently Asked Questions (FAQ)
Before we close off this guide, let’s quickly address some of the most common questions related to the Midjourney Terms of Service.
Can you use Midjourney commercially?
Yes, as long as you are a paying member of the Midjourney community, you can use your images commercially.
Can I use Midjourney images for commercial use?
Yes, all the images you create with Midjourney while on a paid plan may be used for commercial projects, including but not limited to, marketing material, cover art, merchandise, print-on-demand, and even NFTs.
Is Midjourney copyright free?
According to the Midjourney Terms of Service, you are the owner of all of the images that you create. That being said, the license stipulates that any images you create publicly may also be used by other paying members of the community.
You can argue whether it is truly necessary to keep track of the changes made to the Midjourney Terms of Service.
However, given how nascent the AI industry still is, we believe there is merit in documenting how the legal terms of such pieces of software change over time.
We would not be surprised if lawyers end up appreciating that someone went through the trouble of creating such an archive.
Here at Tokenized, we want to help you learn as much as possible about the AI software industry. We help you navigate the world of tech and the digitalization of our society at large, including the tokenization of assets and services.