Is It Okay to Sell Merchandise with AI-Generated Art?
I'm thinking about making and selling merchandise like t-shirts or mugs using images generated by Midjourney. However, I'm a bit worried about copyright issues. I understand that, in principle, there is no copyright for AI-generated images, but could this cause problems when actually selling them? Does anyone know about relevant laws or cases?
7 answers
Check out Midjourney's terms of service. Paid plan users can use it commercially, but free plans may have restrictions. Issues are more likely to arise from violating the terms rather than copyright concerns.
I've had similar concerns, and I'd recommend testing it out with a small batch first. While AI-generated images themselves don't have copyright, I've heard that if the training data includes others' copyrighted works, secondary copyright issues could arise.
There are many legally ambiguous aspects, so I recommend consulting a lawyer. In fact, there have been cases overseas where works created with AI images were denied copyright registration, and since there are no domestic precedents yet, it's a cautious matter.
I'm just selling them! I paid for Midjourney and checked the terms of service, and it explicitly allows commercial use of generated images. However, it's better to avoid ones that resemble famous characters.
Rather than selling merchandise, wouldn't it be possible to avoid copyright disputes by making slight manual edits to AI-generated images to give them a 'secondary creation' feel? This could also open up room for them to be recognized as creative works under copyright law.
Have you tried contacting the Korea Copyright Commission? They released some guidelines on AI-generated images before—not very detailed yet, but worth referencing. It's safer to check before selling.
The idea itself is fun! However, since AI images are so generic, it might be hard to differentiate if others also sell merchandise with similar pictures. It would be better to process it with a unique style.