Can I use promts at MiJourney and using brand names (fashion / furniture)? And then sell at Adobe?

[MliO111]

Hello everyone!

Please tell me, can I use promts at MiJourney and using brand names (fashion / furniture)? And then sell at Adobe? I'm not sure its not is not allowed for headlines and keywords or also for promts?

For reference: I don’t copy the products, it’s just more convenient to express my thoughts, I don’t copy directly and I don’t even mean “in the style of such brand.”. It’s just - this algorithm works well.

[Moderator moved the thread to the correct forum]

[Jill_C · Accepted solution]

The guidelines are quite clear:

Generative AI Content (adobe.com)

• Don’t submit any work created with prompts referring to or based on people, places, or property unless you have the legal right to do so (e.g., via a model or property release). 

If you refer to designs or designers in your prompts, you are violating this rule. 

[MliO111]

I see! Thank you so much! It's very important thing.

It's very interesting thing because in general — MidJourney use exactly the same images for creating this look (for example any famous italian fashion brand) if you naming types/forms/colours/trends. But... when you face it in promt as brand it becomes forbidden.

[MliO111]

Also I did 2 things:

— Remove name of brand from one promt and... result looks the same 🙂

— Remove and change on synonim (but not name of brand but description of style in normal words)... result is almost same

I have one more question — what about SMT like *award winning photography* (common) and *italian fashion brand*. Its different, right?

And what about *vogue magazine style photography*. Also forbidden, right? This is so common now.

[daniellei4510]

Early on, when Midjourney was still in its infancy, I used "award winning photograph" as part of a longer prompt. Of the four results, one was a poor renderding but clearly an obvious ripoff of an award winning Times magazine cover. Avoid "award winning photograph" at all costs.

Vogue, of course, is a well-known a magazine. This is a case where I would avoid using the word as part of a prompt, but using it as a keyword would probably be OK, as it's a generic word. In the end, common sense always applies.

[Jill_C]

It becomes forbidden if you attempt to make commercial use of the asset. You can generate such images for your own entertainment, and even upload them to your social media, but you can't sell them.

[MliO111]

 *Award winning photography* (common) and *italian fashion brand* also CANT be sold? And *vogue magazine style photography*? All of them?

[daniellei4510]

I think you're overthinking this whole issue. "Italian fashion brand" is not a brand, while "vogue magazine style" is a direct reference to Vogue magazine. Period. And yes, I see "award winning photography" being used quite regularly, but I wouldn't risk submitting an image made from such a prompt to sell commercially. And since I create AI with the purpose of selling it commercially, I would never waste my CPU minutes using it.

[MliO111]

 Overthinking? I bet 150 000 persons in the world right now thinking about it. Also, when I remove "award winning photography@ its not change anything in nature puctires for example. But I bet MidJourney ANYWAY based on award winning / popular photography 🙂 

[daniellei4510]

Then do what you want. Not my problem. 😉

[Abambo]

 *Award winning photography* (common) and *italian fashion brand* also CANT be sold? And *vogue magazine style photography*? All of them?

By @MliO111

All of them. 

[MliO111]

And guideline doesnt tell anything about brands by the way (so its not so clear). Its not people/person/property. 

[Jill_C]

Brands are the intellectual property of the company that created them. So , for instance. you can't use "Air Jordans" or "Nike Air Jordans" or "Nike" in your prompts. You could say "fashionable popular athletic shoes", but you definitely cannot mention the maker or model name.

[MliO111]

Ok, but if I'm being picky about words, if I say "a model that looks like Ariana Grande, but black skin color" is that still Ariana Grande? 🙂 Or magazine names? Its brand but... I'd like to have an accurate idea of what we're working with. The funny thing is that when I remove some brands, my picture remains the same. That is, in essence, it is a garbage promt anyway) But why is there no mention of brands in specific instructions from Adobe?

[Jill_C]

Because EVERY brand is trademarked by someone... The list of brands that you're not allowed to reference could be endless - perhaps millions! 

[Abambo]

But why is there no mention of brands in specific instructions from Adobe?

By @MliO111

• Don’t submit any work created with prompts referring to or based on people, places, or property unless you have the legal right to do so (e.g., via a model or property release). 

A property is not only a house, but may also be a brand, it may be clothing, it may be jewelry, it may be art, … 

[Abambo]

Ok, but if I'm being picky about words, if I say "a model that looks like Ariana Grande, but black skin color" is that still Ariana Grande? 🙂 

By @MliO111

Yes! Do not try to persuade us, that you are right. Do what the intructions tell you to do. Or risk getting rejections and in worst case getting blocked. The forum is full with people complaining that they got blocked. Do not add your portfolio to the list. 

[Abambo]

And guideline doesnt tell anything about brands by the way (so its not so clear). Its not people/person/property. 

By @MliO111

Brands are per se protected. And some companies are protecting their brand rigorously, even when they are wrong. Open an "Apple Restaurant" and wait for the letter from an Apple lawyer. It's very clear.

[daniellei4510 · Accepted solution]

No. You would be at risk for Midjourney creating furniture or fashion lifted almost verbatim from the brands in question. Always keep your prompts very generalized and do not refer to any known brands. As you said, "the algoithm works well." But probably too well. The greater the randomization in a prompt, the better. I even use mathematical equations on occasion, with results that range from absolute nonsense to surprisingly unique images. Since Midjourney and other AI apps can create very realistic images of celebraties and politicians, it's logical to assume it can and will do the same with furniture, fashion, cars, etc.

[Abambo · Accepted solution]

You can't use brand names, artist styles or similar to create generative AI. 

[Jill_C]

Do you have a question for the community members? Why did you post this image?

[Nancy OShea]

That's an IP violation. No unauthorized use of protected brand names, trademarks or logos allowed.  That goes for prompts, images, videos, titles, keywords and descriptions.

• https://helpx.adobe.com/stock/contributor/help/reasons-for-content-rejection.html
• https://helpx.adobe.com/stock/contributor/help/generative-ai-content.html
• Model/Property Releases:
  https://helpx.adobe.com/stock/contributor/help/model-release.html
  https://helpx.adobe.com/stock/contributor/help/property-release.html