AI-generated visuals are now common in ads, packaging and websites, but the commercial licence behind them is widely misunderstood. Magnific, Adobe Firefly, Google Gemini and OpenAI’s ChatGPT all allow some commercial use. The real question is what happens when a brand, photographer or public figure objects. Only business contracts typically include intellectual-property indemnities, and nearly every policy excludes trademarks. This is not legal advice; high-risk projects need a lawyer.
- Commercial use is broad: paid tiers and most consumer terms let businesses publish AI images, but ownership language does not equal statutory copyright.
- Indemnity is narrow: protection against third-party IP claims is largely reserved for enterprise, API and cloud contracts.
- Exclusions are predictable: trademarks, real people, protected characters and modified outputs are common gaps.
What each platform really grants
Magnific, formerly Freepik and operated by Spain’s Magnific AI, S.L.U., ties commercial rights to paid plans; free accounts are for personal use with attribution. Its June 2026 AI product terms assign subscribers all rights the company may hold in an output, provided the subscription is active at generation. It also warns that copyright ownership cannot be guaranteed in every jurisdiction.
Adobe Firefly’s 2024 legal FAQ for businesses says outputs may be used in client projects and that, between Adobe and the customer, the customer owns the result. Copyright still depends on local law.
Google’s terms, effective 30 July 2026, promise:
“Google will not claim ownership of that content.”
The policy covers Gemini and its Nano Banana image models. OpenAI’s European terms, updated 16 January 2026, go further: users own outputs, and the company assigns “all” its rights, if any. OpenAI cautions that results “may not be unique” and that other users could receive similar images.
Who pays when a claim arrives
Indemnification separates the four. On a personal account, the user carries the risk. Magnific’s general terms cover stock content up to €100 without a subscription or on Essential, €10,000 on Premium and €50,000 on Premium+ or Pro. AI-generated material is excluded and governed by separate AI product terms; AI coverage is Enterprise-only.
Adobe’s 27 August 2026 Firefly product description covers text-to-image, generative fill, text-and-image-to-video and voice generation, but only when the customer’s contract links to that page. Features powered by non-Adobe models, beta tools and third-party models inside Firefly are excluded.
Google’s indemnity applies to unmodified outputs from paid services on its covered list, including Gemini Enterprise and Gemini in Workspace; the free Gemini app is absent. OpenAI limits indemnity to API and Enterprise customers, with none in its consumer terms. Both exclude trademark claims and modified outputs; OpenAI also excludes beta services.
Where licences break
None of these licences protects an image that reproduces something the user does not own. Google and OpenAI exclude trademark claims tied to commercial use. Magnific warns against protected characters, artworks and brand elements; Google bans using its services to infringe third-party IP.
Real people are another hazard. Google forbids impersonating a living or dead person without explicit notice meant to deceive. OpenAI prohibits using its vision features to reproduce any person’s image without express consent. Magnific requires no recognisable real-person features without consent. Spain’s Organic Law 1/1982 treats commercial use of a person’s name, voice or likeness as an illegitimate intrusion.
Transparency is contractual too. Google forbids passing off AI content as human-created; OpenAI bars presenting non-human output as human. Adobe automatically attaches C2PA metadata on export.
Five checks before publishing
- Check the plan, not just the tool. Gemini’s help notes work accounts may carry different terms and blocks image editing for under-18s.
- Read the binding version. Magnific’s English text controls.
- Avoid third-party models and beta features if you need Adobe or OpenAI cover.
- Keep a record: prompt, date, plan and terms version.
- Remove the image after a notice. Magnific Enterprise and Google stop covering continued use after infringement notification.
For a small business, the useful question is not “Can I use this image?”—usually yes—but “Who pays if it triggers a claim?” On a personal account, the business does. Indemnities exist, but they are built for corporate contracts and exclude the most tempting shortcuts: celebrity lookalikes, logo-inspired products and half-edited outputs. AI is best used to explore ideas; final commercial assets still need human authorship, documented prompts and legal review before publication.