Can I use the images that I generated in Bing AI for commercial use?

Question

Can I use the images that I generated in Bing AI for commercial use? I'm a seller on Etsy and I generated lots of images ( clipart, seamless pattern, frames, borders, backdrops) in Bing AI but I'm wondering if I can sell them in my Etsy shop for commercial use.

Answer 1

Dear Rouba Merheb,

Good day! Welcome to the Microsoft Community. I understand the inconvenience this issue has caused you, and I’ll do my best to assist you!

Based on Microsoft's current terms (as of July 2024), here's the breakdown for using Bing AI Image Creator images commercially, especially for your Etsy shop:

1. You Own the Output, BUT... Microsoft states that you own the images you generate using Bing Image Creator, subject to their terms.
2. Commercial Use is Explicitly Allowed... Mostly: Microsoft's Bing Image Creator Terms state: "Subject to your compliance with these Terms, you may use Generations for any legal purpose, including commercial purposes..."
3. CRITICAL Restrictions:
   • No Trademarked/Copyrighted Material: You cannot use the service to generate content violating others' rights (e.g., generating Mickey Mouse or Superman). More importantly, YOU are responsible if your generated output inadvertently resembles existing copyrighted characters, trademarks, or the likeness of real people (even celebrities). This is a major risk.
   • No Harmful/Illegal Content: Obvious restrictions apply.
   • No Attempting to Reverse Engineer: You can't try to extract the model's underlying code/data.
   • No Misrepresentation: Don't present the images as human-created or imply endorsement.
   • Respect the Code of Conduct: Follow Microsoft's Acceptable Use Policy.

Related Links:

Microsoft Services Agreement (governs all Microsoft services)
https://www.microsoft.com/en-us/servicesagreement/
Microsoft Services Agreement (governing all Microsoft services) (with particular focus on the "Bing" and "AI Services" sections)

Etsy's policy on AI-generated content:
https://help.etsy.com/hc/en-us/articles/1500009276982
Etsy policy on AI-generated content: (requires sellers to confirm commercial use rights and disclose how they were created)

Microsoft Responsible AI Principles (to help understand compliance boundaries):
https://www.microsoft.com/ai/responsible-ai

Key Implications for Your Etsy Shop:

• Technically Permitted (For Now): Under the current terms, selling the types of images you described (generic clipart, patterns, frames, borders, backdrops) on Etsy is generally allowed by Microsoft, provided they don't violate the restrictions above.
• Major Risk: Accidental Infringement: This is the biggest concern. AI models are trained on vast datasets that include copyrighted material. It's possible, even likely, that some of your generated images:
  • Closely resemble an artist's unique style.
  • Accidentally include elements protected by trademark (e.g., a pattern that looks suspiciously like a famous brand's logo variation).
  • Generate a face resembling a celebrity.
  • Produce an image conceptually very similar to existing copyrighted artwork.
• You Bear the Legal Risk: If your generated image infringes on someone else's copyright or trademark, YOU, as the seller using it commercially, are liable. Microsoft's terms do not shield you from third-party infringement claims. They essentially say "you own it, but you're also responsible for any problems it causes."
• Etsy's Policies: Ensure you also comply with Etsy's own policies regarding AI-generated content and intellectual property. Be transparent in your listings if you choose to disclose it's AI-generated (disclosure is not universally required by law yet, but is a growing expectation).

Recommendations Before Selling:

1. Scrutinize EVERY Image: Carefully examine each image you plan to sell. Does it resemble any known character, brand, celebrity, or distinctive artist's style? Use reverse image searches (like Google Images) as a basic check.
2. Avoid Known Styles/Content: Be extra cautious generating images in the style of very famous living artists (e.g., "in the style of [Contemporary Artist Name]").
3. Document the Generation: Keep records of the prompts you used to generate the images. This might be helpful if a dispute arises, though it's not a legal shield.
4. Consider Adding Your Own Value: Can you significantly edit, combine, or add unique elements to the AI-generated images? This can reduce the risk of direct infringement and make your product more original.
5. Understand the Gray Area: AI copyright law is evolving rapidly. While Microsoft's current terms permit commercial use, the legal landscape regarding infringement in AI outputs is still being tested in courts globally. There is inherent risk.
6. Consult a Lawyer (For High Volume/Value): If your shop is a significant income source, consulting an intellectual property lawyer familiar with AI is the safest way to understand your specific risks and potential mitigation strategies.

In summary: Yes, under Microsoft's current terms, you can sell your Bing-generated clipart, patterns, frames, etc., on Etsy BUT you assume significant legal risk for potential accidental copyright/trademark infringement within those images. Thorough vetting of each image is absolutely essential.

I hope this information helps. If you have any updates, feel free to let me know—I’ll be here to help.

Looking forward to hearing from you.

Best regards,

Lizzie-Z | Microsoft Community Support Specialist