Can I use AI generated images commercially?

If you’re wondering whether you can use AI-generated images for business—whether that’s in ads, marketing materials, packaging, or products—the answer is mostly yes. But, as with many things in tech, it’s not black-and-white. The rules depend on where you live, the AI tool you used, and the fine print in your chosen platform’s terms. Let’s make this clear and practical for anyone who needs a solid answer, not a legal maze.

Who is this for?

This guide is for business owners, designers, marketers, product managers, agencies, and anyone creating or using AI images in a commercial context. If you sell, promote, or use images to represent your work out in the world—read on.

The essentials: rights and risks

You can often use AI-generated images for commercial projects, but:

  • Not every tool gives you the same rights.
  • Copyright law for AI content is still settling, especially in the U.S., UK, and EU.
  • Trademarks, brands, and real people’s likenesses are risky areas.

It helps to think of AI images the way you might think of stock photos—some come with clear licenses, others carry restrictions, and some things are just off-limits (like using a competitor’s logo in your ad).

Real-world use cases and questions

  • Can I sell T-shirts with AI art on Etsy? Usually yes, if your image generator’s terms allow it and you’re not infringing on someone’s trademark or likeness.
  • Can my business run Facebook ads using AI art? Again, often yes—if you hold clear rights and the image isn’t problematic (no unauthorized brands, real people, etc.).
  • Can I resell an AI image as a digital download or print? Depends on the platform’s license. Some allow resale, some don’t.

Platform-specific rules: a quick breakdown

  • OpenAI DALL-E: You own the images you make and can use them in commercial projects—think marketing, books, merchandise—if you follow their content policy. Both free and paid users keep these rights. See OpenAI’s commercial use documentation for current terms.
  • Midjourney: You own what you create, but there are a few strings. Bigger companies may need a higher-tier plan, and if you remix work or make public images, others might be able to use them too. Midjourney also keeps some license over what’s created. Best to check their Terms of Service if your project is high-stakes.
  • Getty Images AI: They offer AI-generated images specifically for commercial use, and even indemnify you (that is, they’ll help cover risks). Outputs are treated much like traditional stock. Safe bet for larger orgs. Details at Getty Images.
  • Depositphotos AI: Provides what they call a ‘standard license’ for business use, with boundaries—watch out for logos and branded stuff. For the full breakdown go to Depositphotos Help.
  • Other tools (Artbreeder, NightCafe, etc.): Each has its own set of license terms. Don’t assume you can use images commercially unless you double-check the rules on the exact service you’re using.

Copyright and ownership: what’s changing?

Right now (as of mid-2025 in the U.S., UK, EU), purely machine-made images usually can’t get copyright. That means you likely don’t own the copyright in a fully AI-generated picture. If you put in serious creative work—editing, arranging, combining images—your own input might be copyrightable, as noted by the U.S. Copyright Office. This impacts things like registering images or defending against copycats.

This space is shifting. If your work relies heavily on copyright (say, you license cover art), build in more of your own effort and document what you do.

Why contracts and recordkeeping matter

Because the laws aren't clear-cut, platforms’ licenses and your own contracts are your main safety net. Always download and save license agreements for the images you’re using—especially for big projects or client work.

Practical risk checks

Whatever your project, consider these checkpoints before you use AI images for your business:

  • Review the AI platform’s license. This should tell you if you can use outputs commercially, sell them, or sublicense them to others.
  • Keep a copy of those license terms. They can change, so save a PDF or screenshot when you create or download the image.
  • Make sure your images don’t resemble existing brands, trademarks, or the likeness of real people—this applies to both obvious and subtle lookalikes.
  • Watch for stock-style or remix restrictions. Platforms don’t always let you resell collections or repackage images for others to use.
  • If you’re mixing AI art with your own creative input, write down what changes you made—this could help with copyright down the line.

Commercial use checklist

  1. Read your platform's license (different for free vs paid plans, or for products vs ads).
  2. Check who owns what: can you sell, sublicense, or remix images?
  3. Get written license terms for your records.
  4. Avoid infringing on trademarks, brand assets, or real people in outputs.
  5. Think about copyright: Is your image 100% AI or did you add creative input?
  6. For enterprise or big-budget projects, prefer services that offer indemnification (like Getty Images AI).

Smart picks: platforms with clear commercial licensing

  • DALL-E and Midjourney are popular for flexible commercial use, but always read their latest terms.
  • Getty Images AI is good for brands that need guaranteed, commercially safe imagery.
  • Depositphotos AI works for general business use, just steer clear of protected elements.

Some people use combined workflows: generate with an AI tool, then tweak in Photoshop or GIMP to add human creative input. This helps strengthen their claim to copyright (though it’s not always foolproof). For guidance on image generation and customization options, see Flaregpt.ai’s image generation features.

Final word: keep it honest, keep it safe

AI images are a real asset for commercial use, but staying clear of legal trouble means treating licenses with respect and keeping your process transparent. If in doubt, check the latest terms, or ask a lawyer for your specific use case—especially as the rules are still evolving.

To sum up: AI-generated images are available for business, but the safest path is to combine clear licensing, smart recordkeeping, and a bit of your own creativity. That way, your ad, product, or brand visuals stay yours, and you avoid headaches down the line.

For more on using AI in your creative workflow or SEO, check out the Flaregpt.ai blog.