Can you use AI-generated images commercially? Rules, licences and safe practice

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Whether you can use AI-generated images commercially is one of the most common questions from businesses that want to use generators like Midjourney, Adobe Firefly, Leonardo or Ideogram in ads, on websites or on products. The short answer is usually yes, within the tool's licence, but there are real risks around copyright, trademarks and people's likenesses. This guide explains the rules in plain language and gives a checklist to follow before you publish.

The short answer

Most paid AI image generators allow commercial use of the images you create, subject to their terms. Some restrict commercial use on free plans, and some require a higher plan once your company passes a revenue threshold. The bigger risks are not the generator's licence but what the image contains: a recognisable person, a brand's logo, a famous character or a close copy of a living artist's work can create legal problems no matter which tool made it.

This guide is general information, not legal advice. Rules differ by country and are still developing, so for high-value uses such as a national campaign or a product design, ask a lawyer.

Read the licence of the tool you use

Every generator publishes terms that say who owns the output and how you may use it. Look for answers to these questions:

• Does the free plan allow commercial use, or only paid plans?
• Is there a revenue threshold above which a higher plan is required?
• Are your images public by default, visible to other users, or private?
• Does the provider offer any indemnity if someone claims an image infringes their rights?
• Can the provider use your prompts and images to improve its models?

Our ranking tracks commercial use as one of three key features for each tool. See the AI image generator ranking and our pick list of the best AI image generators for commercial use.

Prices from vendor websites, checked 2026-10-12; they update automatically.

Who owns an AI-generated image?

This is unsettled law. In several countries, including the United States, copyright authorities have said that material generated entirely by AI, without enough human creative input, cannot be registered for copyright. That means you may be allowed to use an image commercially under the tool's licence and still be unable to stop competitors copying it.

For businesses the practical consequences are:

• Do not rely on pure AI output for assets you need to protect exclusively, such as logos and brand characters.
• Adding substantial human work (editing, combining, illustrating over a draft) strengthens your position.
• Keep records of your prompts, edits and dates in case you need to show your contribution.

Copyright risk from the training data

AI models are trained on very large collections of images. Some lawsuits argue that this training infringed artists' and photographers' copyright. The outcome of those cases is still uncertain. For you as a user, the more immediate risk is output that closely resembles a specific existing work: if your prompt names an artist, a film or a franchise, the result may copy protected elements.

Some providers train only on licensed or public-domain material and market their output as safer for commercial use; Adobe Firefly is the best-known example. If brand safety is critical, weigh that heavily. Compare options side by side in Midjourney vs Adobe Firefly.

Trademarks, logos and famous characters

Copyright is not the only issue. Trademark law protects brand names, logos and product designs, and character rights protect famous fictional figures. An AI image showing a recognisable logo, a well-known cartoon character or a branded product can infringe those rights, and using it in an ad can suggest a sponsorship that does not exist.

• Do not ask generators for images of other companies' logos, products or characters.
• Check backgrounds and details: generators sometimes add text or logo-like marks.
• Do not use AI to create your own logo if you need to register it as a trademark without checking it is distinctive and not similar to existing marks.

People, faces and likeness

Images of real people carry their own rules. Many countries protect a person's likeness or image rights, and advertising law prohibits implying that someone endorses your product when they do not. Never generate images that depict real, identifiable people, especially public figures, for commercial use.

Generated people who look realistic but are not real are generally safer, but be careful with stock-style images that could mislead customers, for example fake "customer" photos next to testimonials. Many consumer protection rules treat that as deceptive.

Disclosure and platform rules

Some advertising platforms, marketplaces and social networks require you to label AI-generated or altered images, especially realistic ones and those in political or sensitive contexts. Some jurisdictions are introducing labelling rules for synthetic media. Check the rules of each platform where you advertise, and when in doubt, label realistic AI images.

A checklist before you publish

1. Confirm your plan allows commercial use, and that you are within any revenue limit.
2. Check the image for logos, text, real people and famous characters.
3. Avoid prompts naming living artists or specific copyrighted works.
4. Edit or combine the image if you want stronger ownership.
5. Save the prompt, date, tool and plan in a simple log.
6. Label realistic AI images where platform rules or good practice require.
7. For high-value or long-term assets, get legal advice.

Choosing a tool for commercial work

For most marketing work, choose a paid plan that clearly allows commercial use, keeps your images private if needed, and fits the style you want. Ideogram is strong at readable text inside images, Midjourney at artistic and detailed images, Leonardo at fine control, and Adobe Firefly at brand-safe output that fits into Photoshop. Current entry prices: Midjourney From USD 10 per month, Adobe Firefly Free plan, then USD 9.99 per month, Leonardo Free plan, then USD 12 per month, Ideogram Free plan, then USD 20 per month.

More comparisons: Midjourney vs Ideogram, Leonardo vs Ideogram, free AI image generators. For video, see how to make marketing videos with AI.

Common business uses and their risk level

Not every use carries the same risk. A rough guide:

• Lower risk: internal presentations, mood boards, blog header illustrations, abstract backgrounds and social posts without people or brands in them.
• Medium risk: paid ads, website hero images and email campaigns, where the image represents your company publicly and platform rules apply.
• Higher risk: logos and brand characters you need to own, product packaging, merchandise and print-on-demand products, and anything resembling real people or existing brands.

Match your caution to the risk: quick checks for low-risk uses, careful review and possibly legal advice for high-risk ones. For product mock-ups that customers will rely on, make sure the image does not misrepresent what they will receive.

Using AI images on your website and in SEO

AI images can make a website look fresher and cut stock photo costs, but a few practical points apply. Write descriptive alt text for every image so screen readers and search engines understand it. Compress images so pages stay fast; large generated files can slow a page noticeably. Avoid publishing dozens of near-identical generated images, which add weight without value. And never use AI images to fake evidence such as product results, before-and-after photos or customer photos.

If you are building a site, our guides on starting a business website and choosing a website builder or WordPress cover the rest of the job.

Working with designers and agencies

If an agency or freelancer creates images for you, ask whether they use AI and agree in writing who owns the result, which tools and licences were used, and who carries the risk if a claim arises. Many contracts written before AI image tools became common say nothing about this. A short clause covering AI use, licences and warranties avoids disputes later. The same applies when you commission product designs, packaging or merchandise from print-on-demand partners.

Keeping records

A simple log protects you if questions arise later. For each image you publish commercially, record the tool, plan, date, prompt, any reference images you supplied, and what editing you did afterwards. Store the original file alongside the final version. This takes a minute per image and makes it far easier to show your human contribution, check the licence that applied at the time, or remove an image quickly if a problem appears.

Text inside images and brand consistency

Many business images need words: a sale banner, an event announcement, a product label. Older generators produced garbled text; newer ones, Ideogram in particular, render readable text far more reliably. Still, check every letter, because a misspelling in an ad looks careless and can create misleading claims.

Brand consistency is the other challenge. Generators tend to produce a different style every time. To keep images on-brand, write a short style description (colours, lighting, composition, mood) and reuse it in every prompt, use reference images where the tool supports them, and finish images in a design tool with your real logo and fonts rather than asking the generator to create them.

AI images versus stock photos

Stock photo libraries license images taken by photographers, with clear terms and often model releases for people shown. AI images are cheaper and faster to customise but carry the ownership and resemblance questions described above. Many businesses now use both: stock photos where real people and settings matter, AI images for illustrations, concepts and backgrounds. Some stock libraries also sell AI-generated content under their own licences, which can combine speed with clearer terms.

If someone complains about an image

Despite precautions, you may one day receive a complaint that an image copies someone's work, shows a trademark or resembles a person. Respond calmly and quickly: take the image down while you look into it, check your records of prompt and tool, and ask for details of the work they say was copied. Many disputes end when the image is removed. If the claim involves significant money or a formal legal letter, involve a lawyer before replying in detail. Your generator's terms may also say whether it offers any protection.

Where the law is heading

Rules on AI-generated content are changing quickly. Courts in several countries are hearing cases about training data and output that resembles protected works, copyright offices are publishing guidance on human authorship, and some governments are introducing transparency rules for synthetic media. For a small business the sensible response is not to stop using AI images but to keep good records, prefer tools with clear commercial terms, avoid imitating specific artists, brands and people, and review your approach once a year. If your business depends heavily on images you need to own outright, such as a product line or a brand mascot, invest in human design work for those assets and use AI for the supporting material around them.

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