AI image commercial license checker
“Can I actually sell this?” is the question every creator asks after generating an image they like. The answer is not the same across tools: DALL·E 3 grants broad commercial rights, Midjourney ties rights to your subscription tier, Stable Diffusion depends on the specific model’s license, and Adobe Firefly is built specifically for commercially safe output with indemnification. This tool walks you through a short decision tree and returns a clear verdict plus the caveats that actually matter.
How it works
You pick the generating tool, set your plan where it is relevant, and choose how you intend to use the image — internal use, public publishing, or direct resale. The tool maps those inputs against each provider’s current commercial-use terms and surfaces the conditions attached to your verdict. It separates two distinct questions that people often confuse: whether the platform’s terms allow commercial use, and whether the output is copyrightable (in the US, purely machine-generated images generally are not).
Platform-by-platform summary
DALL·E 3 (via ChatGPT or API) — OpenAI’s current terms grant users ownership of outputs and permit commercial use. This is one of the cleaner commercial use cases because the permission is explicit and broadly written. The main caveats are that you must not violate OpenAI’s usage policies through the content itself, and requesting images that reproduce other creators’ styles by name can raise ethical (though not necessarily legal) concerns.
Midjourney — subscription tier matters. Paid subscribers on Basic, Standard, and Pro plans can use images commercially. The free trial tier does not grant commercial rights. Additionally, companies with more than $1 million in annual revenue must hold a Pro plan or higher for commercial use. Check your current subscription page for the most current conditions, since Midjourney has revised its terms multiple times.
Stable Diffusion (open source) — this is the most complex case because it involves two distinct layers: the open-source code license and the model checkpoint license. Most base models use the CreativeML Open RAIL-M license, which permits commercial use but includes use-based restrictions (notably prohibiting use to harm or deceive real people). However, fine-tuned models and LoRAs on platforms like CivitAI use a mix of licenses — some allow commercial use, some restrict it. Every model you layer must be checked individually; the most restrictive license in your stack governs.
Adobe Firefly — specifically designed for enterprise commercial use with IP indemnification on eligible plans. Firefly is trained on licensed content, Adobe Stock, and public-domain material, making it the safest choice for high-stakes commercial work where IP liability is a concern. Enterprise subscribers receive explicit indemnification against copyright claims on generated content.
The copyright registration question
In the US, the Copyright Office has consistently held that purely AI-generated images cannot be registered for copyright, because copyright requires human authorship. This is a different question from whether you can use the image commercially — you can, under the platform’s terms — but it means you cannot stop others from using your AI-generated images by invoking copyright. If establishing exclusive rights matters for your project, significant human creative editing, arrangement, or selection of elements may support a registration for those human-authored portions.
Notes and caveats
- Terms change. Provider licensing evolves frequently; treat this tool as a fast first pass, not legal advice. Confirm against the current terms for high-stakes commercial work.
- Indemnification is separate from permission. Firefly and some enterprise plans add IP indemnification — that protects you financially beyond merely permitting use.
- Check every model and LoRA. A Stable Diffusion image inherits the most restrictive license among the base model and any add-ons you used.
- Content liability is yours. No license shields you from trademark, likeness, or defamation claims if the image’s content infringes someone’s rights.