AI image commercial rights — two different legal questions most people treat as one

When designers and marketers ask 'can I use AI images commercially,' they're actually asking two separate legal questions that require separate answers. The first question is whether the AI platform permits commercial use under its terms of service. The second question is whether the AI-generated image is protectable intellectual property under copyright law. These are independent questions with independent answers, and the answer to the first question doesn't determine the answer to the second.

The confusion is understandable: in traditional creative work, having the right to use an image and having copyright protection over it are usually connected — you created it, you own it, you can use it and protect it. With purely AI-generated images, the US Copyright Office has established that you can use them commercially (with the platform's permission) but you can't necessarily protect them against others using the same or similar output. The permission and the protection are decoupled.

Most people assume that 'commercial rights included' in a platform's terms means their AI-generated image is protected intellectual property. It means the platform permits commercial use — which is different from the image being a copyrightable work. The US Copyright Office position: purely AI-generated images without significant human creative input are not copyrightable. A logo that's purely AI-generated can be used commercially; it cannot be copyright-registered and enforced against imitators on copyright grounds.

Most people assume all paid plans on all platforms include commercial rights. They don't. Midjourney Basic ($10/month) includes commercial rights — but requires Pro ($60/month) or Mega ($120/month) for companies with annual revenue above $1M. Leonardo free tier commercial rights are included for personal use but the terms have nuance for commercial use. Ideogram free tier commercial rights are disputed in independent documentation — direct ToS verification is required before commercial use of free-tier images.

Most people assume platform indemnification covers them if a generated image resembles an existing copyrighted work. No major AI image platform provides indemnification against third-party IP claims arising from generated content. The commercial rights grant permits use; it doesn't protect against a claim that the generated image infringes someone else's trademark or copyright. Style similarity to existing work can raise infringement questions regardless of the platform's commercial rights grant.

The practical commercial rights situation by platform: Leonardo AI (Apprentice $12/month and above) — commercial rights, no revenue threshold. Ideogram (Basic $7/month and above) — commercial rights documented, no revenue threshold. Midjourney (Basic $10/month and above for individuals, Pro $60/month required for companies above $1M revenue). NightCafe (paid plans) — commercial rights claimed per ToS. All free tiers: verify directly; restrictions vary and documentation conflicts.

For logos and brand marks specifically, the copyright uncertainty has practical consequences beyond the ToS commercial rights grant. Trademark registration — a different legal mechanism from copyright — provides the brand exclusivity that most companies actually need. A trademark can be registered regardless of how the mark was created, including from AI-generated source material. Trademark search before finalizing any AI-generated mark is necessary regardless of which platform produced it.

Human creative contribution changes the copyright analysis. An AI-generated image that a human artist significantly modifies, combines with other elements, or uses as the starting point for a substantially different creative work may have copyrightable human-authored elements. The copyright covers the human contribution, not the AI-generated base. The more significant the human creative transformation, the stronger the copyright claim on the resulting work.

This guide reflects the law and platform terms as of May 2026. AI image copyright law is evolving — cases are working through courts in the US and EU that may change the legal landscape. The US Copyright Office guidance cited here is current position, not settled law.

This guide is not legal advice. Commercial rights questions for specific high-stakes uses — brand identity, product packaging, major advertising campaigns — should be reviewed with IP counsel who can assess the specific facts and jurisdiction. General guidance applies generally; specific circumstances require specific review.

Platform terms of service change. The commercial rights documented here reflect May 2026 terms. Before using AI-generated images in commercial contexts, verify the current terms directly with each platform rather than relying on documentation that may be outdated.