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An Australian artist has accused a frozen yoghurt store on Brisbane’s north side of using artificial intelligence to rip off one of her works depicting the city’s skyline, months after demanding the removal of an original piece, displayed without her permission or payment.
Author and illustrator Megan McKean said she discovered the mural featuring an original artwork from her 2018 Bristopia exhibition inside the newly opened Yogii & Yoii store on Racecourse Road in Ascot in January.
She said the business used the design without her permission or payment, and as a result, she requested the mural be removed and the business owners pay a retroactive licensing fee for the unauthorised use of her art.
“The business stated that: ‘the mural artwork was supplied and installed by an independent contractor, and we were not aware at the time that the illustration was subject to copyright restrictions or required separate licensing’,” McKean told this masthead.
Yogii & Yoii continued that they had not intended to reproduce or use her artwork without permission, and told McKean that immediate steps to remove the mural were taken.
But in a post to social media on Thursday, McKean said the business had replaced her Bristopia work, which ran for six months at the Museum of Brisbane, with a generative AI reproduction, and were continuing to use her art without permission or payment.
“I had been viewing their Instagram periodically, to check for the removal of the first mural, and saw the replacement artwork in the background of videos — which still looked alarmingly similar,” she said.
“I had friends in Brisbane visit the premises to take photographs of the mural, which showed a direct correlation to my work, along with errors that can only be attributed to AI.”
McKean engaged a legal firm specialising in intellectual property for the creative arts after discovering the first mural on display.
While awaiting Yogii & Yoii’s response to her formal letter of demand, she discovered the second mural, and sent another notice of copyright infringement.
“We again demanded the removal and destruction of the mural, the contact information of the supplier, and increased the damages owing,” she said.
McKean said she has not received a response from the business, and can no longer afford to pursue them legally.
“This is sadly all too common situation for many artists – and it feels like it will only get worse as AI art becomes more prevalent and accessible,” she said.
“My intention by posting on Instagram this week was to raise awareness of how common it can be; I hoped to provide some resources and support for creatives if they find themselves in a similar situation, and remind the general public that art is made by humans, and should be paid for.”
The use of artificial intelligence to create art has become a contentious issue since the boom in generative AI services in 2022, with artists expressing concerns over plagiarism and the use of original work without consent or compensation.
A survey by Creative Australia released this week found two in five (40 per cent) Australians use AI tools to create art or generate ideas.
At the same time, the research showed many have mixed comfort levels with AI-generated art, in part due to an uncertainty about originality and ownership.
Yogii & Yoii have been contacted for comment.
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