AI Image Commercial Use Rights in Australia

You make a logo in Canva, an illustration in Midjourney, a product image in ChatGPT. They're gorgeous, they're on your store, and you assume they're yours. You paid for the subscription, after all.

Here's the question that matters. What do those tools actually let you do with the images, and is that the same as owning them? The answer hides in the terms of service almost nobody reads. Let's read them for you.

The trap: a licence to use is not the same as ownership
Canva: what the terms actually give you
Midjourney: paid versus free, and the $1 million rule
ChatGPT and DALL-E: you own the output, with an asterisk
The catch all three share
Why your free plan could be the real problem
How to protect yourself when you build on AI tools
FAQ
Build your brand on solid ground

The Trap: A Licence to Use Is Not the Same as Ownership

This is the single most important idea in the whole topic, so start here.

When an AI tool says you can use its outputs commercially, it's granting you a licence, a permission to use the image in your business. That is not the same as you owning the copyright in it. As we explain in our guide on who owns AI-generated content, Australian copyright needs a human author, so a raw AI image may have no copyright owner at all. The tool can hand you permission to use something it can't actually make you the owner of.

So two different questions live here. Can I use this commercially, which the terms answer, and do I own and control it, which copyright law answers. Mix them up and you'll think you own a brand asset you can't actually defend.

Canva: What the Terms Actually Give You

Canva is the friendliest of the three, and the most used by small business. The good news is that every Canva plan lets you use AI-generated content commercially.

But read the fine print. The licence is non-exclusive, which means other people can generate similar images, and you can't stop them. You're responsible for making sure your use doesn't infringe anyone else's rights. And you can't resell raw AI images as standalone files, like stock packs. They're meant to be part of a larger, original design you've actually built. Canva also trains its AI on Free and Pro users' content by default, though you can switch that off in settings, and it doesn't train on Teams, Business, or Enterprise content.

Translation for you. Use it freely in your designs, don't sell the raw outputs as products, and check your privacy settings today. The current terms are on Canva's AI Product Terms page if you want the source.

Midjourney: Paid Versus Free, and the $1 Million Rule

Midjourney is stricter, and the trap here is the plan you're on.

Paid subscribers get a broad commercial licence to their images. Free or trial users do not, and are limited to personal use. So if you've been generating images on a free account and using them in your business, you may have no commercial rights at all. There's also a rule that catches growing businesses. If you or your company earns more than one million US dollars a year, you need to be on a Pro or Mega plan to hold those rights. And as with the others, an unmodified Midjourney image likely has no copyright protection, so editing it into something distinctly yours matters.

The takeaway is simple. Check your plan before you use a single Midjourney image commercially, and upgrade if your revenue has grown. The current terms sit on Midjourney's commercial use page.

ChatGPT and DALL-E: You Own the Output, With an Asterisk

OpenAI is the most generous on paper. Under its terms, OpenAI assigns ownership of the output to you, and you can use ChatGPT and DALL-E images commercially, in ads, on products, on your site.

Now the asterisk. OpenAI assigning you ownership of the output doesn't override copyright law. A purely AI-generated image still may not attract copyright protection, because that's a limit of the law, not the terms. There are content rules too, like not generating real people or copying a living artist's style. And on the free and Plus plans, your inputs may be used to train the model, which matters if you're feeding in anything sensitive, as we cover in our guide on client data and AI privacy.

So yes, you can sell what you make. Just don't assume you can stop others copying it. You can read the detail on OpenAI's Terms of Use.

The Catch All Three Share

Strip away the differences and the same three catches turn up every time.

First, a licence to use is not copyright ownership, so a raw AI image is often something you can use but can't defend. Second, you carry the infringement risk. If your output happens to resemble someone else's protected work, that's your problem, not the tool's, which we unpack in our piece on AI designs and infringement. Third, the terms change, and your rights change with them. What you agreed to last year may not be what applies today.

None of this means stop using AI. It means know what you're standing on before you build a brand on top of it.

Why Your Free Plan Could Be the Real Problem

If you take one practical action from this, make it this one. Check which plan you're on for every AI tool you use commercially.

Free tiers are where rights quietly disappear. On Midjourney, free users get no commercial licence. On Canva and ChatGPT, free plans are more likely to use your inputs for training. The few dollars a month for a paid plan often buys you the commercial rights and the privacy protections you assumed you already had. Running your business on a free plan can be the most expensive saving you ever make.

How to Protect Yourself When You Build on AI Tools

Read the commercial terms of every AI tool you use, and check them again periodically.

Be on the right paid plan for commercial use, especially as your revenue grows.

Edit AI outputs into something distinctly yours, which strengthens your position under copyright law.

Don't resell raw AI files as standalone products unless the terms clearly allow it.

FAQ

Can I use Canva, Midjourney and ChatGPT images commercially in Australia?

Generally yes on the right plans, because their terms grant commercial use. But check your plan, follow the restrictions, and remember that using an image commercially is different from owning the copyright in it.

Do I own the copyright in an AI image I generated?

Often not, if there was little human input, because Australian copyright needs a human author. The tool's licence lets you use it, but you may not be able to stop others copying it.

Is a free AI plan safe for business use?

Frequently not. Free plans can withhold commercial rights and use your inputs for training. For commercial work, a paid plan usually gives you the rights and privacy you need.

Build Your Brand on Solid Ground

AI tools are brilliant, and their terms are more generous than they used to be. But a permission to use an image is not the same as owning it, and the gap is where businesses get caught. Know your plan, know your rights, and protect the assets that matter.

When you sell AI-assisted work to clients, a solid Services Agreement sets out ownership and AI use clearly, and your Website Kit covers how people can use what you publish. For brand assets, a trade mark is your strongest protection. Build on solid ground, not on terms you've never read.

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About the Author

Riz is the Founder & Director of Foundd Legal, a lawyer with 20+ years' experience and a long history of building online and ecommerce businesses.

She helps creatives and online business owners protect and grow their businesses with clear, practical legal tools that actually make sense.

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Disclaimer

We do our best to keep this content accurate and up to date, but laws change, interpretations evolve, and the internet isn't perfect. Occasionally, information may be outdated or contain errors.

This content is for general information only and isn't legal advice. If you choose to rely on it, you do so at your own discretion. For advice specific to your business, you'll need support tailored to your situation.