Can I sell AI-created images on Envato?

Hi,

I’m Rubén Chase, Photographer and contributor from Spain.
Recently I’ve started using an Artificial Intelligence called MidJourney to generate images. These are sort of illustrations / Paint like images.
After some external processes to upscale the images to more than 5000px without losing quality, I have now quite a few to start selling.

My question is: Do Envato accept accept assets made with AI to sell?

Thanks,
R

I would imagine the quality of AI generated work wouldn’t be good enough to be accepted as illustrations yet. I don’t believe we have a policy yet on AI generated work but it’s likely something we will definitely look at as things progress.

These are some examples of what I actually did with AI. The images have aprox 5000px wide.
If it’s a policy thing, I totally understand. But I think they actually have quality enough.
What do you think?
Thanks





They’re certainly nice images. They might be a bit too niche for customers though. And I can definitely see licensing and usage rights being a big problem with anything AI generated.

I agree. I think legislation is a little loose with AI generated content.

Here is what MidJourney says about copyright as on August 1st 2022:


4. Copyright and Trademark

In this section, Paid Member shall refer to a Customer who has subscribed to the latest Phase 3 payment plan, which became available as of 5/6/22.

Rights you give to Midjourney

By using the Services, you grant to Midjourney, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute text, and image prompts you input into the Services, or Assets produced by the service at your direction. This license survives termination of this Agreement by any party, for any reason.

Your Rights

Subject to the above license, you own all Assets you create with the Services. This does not apply if you fall under the exceptions below.

Please note: Midjourney is an open community which allows others to use and remix your images and prompts whenever they are posted in a public setting. By default, your images are publically viewable and remixable. As described above, you grant Midjourney a license to allow this. If you purchase a private plan, you may bypass some of these public sharing defaults.

Exception 1: Non-Paid Members License Terms

If you are not a Paid Member, Midjourney grants you a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License (the “Asset License”).

The full text is accessible as of the Effective Date here: Creative Commons — Attribution-NonCommercial 4.0 International — CC BY-NC 4.0.

Exception 2: Corporate-User License Terms

If you are an employee or owner of a company with more than $1,000,000 USD a year in gross revenue, and you are using the Services to benefit your Employer or company you must purchase a corporate membership plan to use the Services or copy the Assets for your company.

Corporate membership plans involve an upfront, non-refundable deposit for up to 12 months of service.


I am not an employee of any stock site, but I am a contributor. Does that exception apply to any stock contributor?

It’s a tricky question here

I Questioned My AI Service this: "Are images created with SUPPLIERNAME Free of Copyright Infringements. Say we wanted to sell in an open Marketplace…?

The Reply was: Yes, SUPPLIERNAME images are copyright-free and can be used for commercial purposes. That said, some marketplaces require you to mention somewhere that your image has been generated with AI. Please refer to the terms and conditions of your marketplace.

No, you cannot sell.

AI-generated content can be used for preview purposes only, and must not be included in the download file.

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Thank You for pointing that out to me.

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