Can I Sell AI-Generated Art as NFTs?
I'm planning to upload images created with Midjourney to an NFT marketplace, but are there copyright issues? The terms of service say commercial use is allowed, but I've heard there could be problems if the style resembles another artist's. Anyone know the legal risks?
3 answers
I had a similar concern, so I went ahead and sold it. It's been a month with no issues, but I can't guarantee anything since the market itself is increasingly tightening regulations on AI-generated works. I think specifying that it's an 'AI-generated product' is more important than the style issue. You also need to consider the community's reaction.
According to Midjourney's terms of service, commercial use is explicitly permitted, so it is generally allowed. However, if the generated image clearly imitates a specific artist's style or resembles an existing copyrighted work, it could lead to legal disputes. Before uploading to an NFT marketplace, it's safer to verify the image's originality and apply modifications if necessary. Legal consultation is also recommended.
Did your prompt include a specific artist's name? If so, the risk definitely increases. Legally, it's closer to 'imitation' than 'plagiarism,' but in the NFT market, community opinion can be even more daunting. Keeping a log of image generation is also a good approach.