Yoghurt store mural of Brisbane skyline at centre of legal AI art dispute
An Australian artist has accused a frozen yoghurt store north of Brisbane of using artificial intelligence to dismantle one of his works depicting the city skyline, months after he requested the removal of an original piece displayed without his permission or payment.
Author and illustrator Megan McKean said she discovered the mural, which features original artwork from her 2018 work. bristopia Exhibition at the newly opened Yogii & Yoii store on Hippodrome Road in Ascot in January.
He said the business used the design without his permission or payment, and as a result, he demanded that the mural be removed and that the business owners pay a retroactive licensing fee for the unauthorized use of his art.
“The business stated: ‘the mural 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 a separate license,'” McKean told this imprint.
Yogii and Yoii maintained that they did not intend to reproduce or use the artwork without permission and told McKean that steps were immediately taken to remove the mural.
But in a post on social media on Thursday, McKean said the business had replaced a six-month-long Bristopia study at the Brisbane Museum with a generative AI creation and continued to use his art without permission or payment.
“I was checking their Instagram regularly to check if the original mural had been removed and saw the replacement artwork in the background of the videos – they still looked worryingly similar,” he said.
“My friends in Brisbane visited the facility to take photos of the mural, which showed a direct correlation to my work, as well as errors that could only be attributed to artificial intelligence.”
After discovering the first mural on display, McKean hired a law firm specializing in intellectual property for the creative arts.
While waiting for Yogii and Yoii’s response to his official demand letter, he discovered the second mural and sent another copyright infringement notice.
“We again demanded the removal and destruction of the mural, the supplier’s contact information, and increased compensation,” he said.
McKean said he hasn’t heard back from the business and can no longer pursue them legally.
“This is unfortunately a very common situation for many artists, and it looks set to get worse as AI art becomes more mainstream and accessible,” he said.
“My goal in posting on Instagram this week was to raise awareness of how common this can be, hoping to provide some resources and support to creators should they find themselves in a similar situation, and to remind the general public that art is made by people and should be paid for.”
The use of AI to create art has become a controversial issue since the boom in generative AI services in 2022, with artists voicing concerns about plagiarism and the use of original works without permission or compensation.
A survey conducted by Creative Australia A study published this week found two-fifths (40%) of Australians have used AI tools to create art or generate ideas.
At the same time, the research showed that many have mixed comfort levels with AI-generated art, in part due to uncertainty around authenticity and ownership.
Yogii and Yoii have been contacted for comment.
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