NEWS
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Midjourney
Midjourney
 
Risk Overview
Significant Risk
6
/10
Image Generation
·
Top Risks

Trained on artist content without consent (major lawsuits pending including Disney/Universal 2025); free tier users don't own generated images; Supreme Court ruling means AI outputs have no copyright protection regardless; mandatory arbitration with class action waiver; no SOC 2/ISO certifications disclosed; prompt data used for training without opt-out.

Mitigations

Paid subscribers get commercial rights for outputs; US-based company with California consumer protections; images generated privately on paid plans not shown in community gallery; 30-day dispute settlement period before mandatory arbitration triggers; no evidence of data sales to advertisers.

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Highest Risk Categories

The highest-scoring risk categories identified in this assessment.

Training Use

Midjourney trained its models extensively on artist content without consent (subject of ongoing Disney/Universal lawsuit filed June 2025, trial set for late 2026). User prompts and generated images are used to improve and train models. No clear opt-out mechanism for training use of submitted content. Free tier users have less control. Significant controversy over training data sourcing from artist portfolios without permission.
8
/10

Legal Terms

Terms of Service require binding arbitration through AAA ICDR with 30-day good faith settlement period before arbitration. Users waive right to jury trial. Class action lawsuits explicitly prohibited. Governed by California law. Ongoing class action copyright lawsuit by artists (Sarah Andersen et al.) challenges training practices, and Disney/Universal copyright lawsuit in 2025 creates significant legal liability exposure. Liability caps apply per terms.
8
/10

Data Retention

No explicit short-term deletion policy found. User-generated images stored on Midjourney servers, visible in community galleries by default. Account deletion process exists but specific retention timelines after deletion are not clearly specified. Prompts and outputs retained for service improvement purposes. No zero-data-retention option identified.
6
/10

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Updated July 2026 • AI-assisted research • Reviewed by Verax • Report an issue

Reference Documentation

Official documentation and policies referenced as part of this assessment.