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this post was submitted on 29 Sep 2024
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https://help.midjourney.com/en/articles/8150363-can-i-use-my-images-commercially
In no way does Midjourney own the image, they only have the ability to "reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute".
That has absolutely nothing to do with who owns the copyright. I already quoted to you from their own ToS and linked to it.
It has everything to do with what the copyright gives them the right to do, which is: reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute". They cannot claim ownership of the art. If you were to create art that is illegal, they do not own it and are not responsible for that.
And since you want to quote the TOS, here is the first part which you ignored:
You said it was based on the contract. The ToS literally says Midjourney owns the copyright. This is pretty cut-and-dried.
I'm getting really tired of trying to explain this to you. Their copyright does not give them ownership, it gives them very specific rights. These rights are:
If you create CSM with Midjourney, they are not the owners and it cannot be used to sue them. They don't want that smoke. They do not want ownership. They make it very clear in the part you skipped over that you own your work, they simply own the right to "reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute".
This is literally all about copyright. Hence the copyright office being sued.