Artist Accuses Frozen Yoghurt Store of Using AI to Replicate Her Artwork
An Australian artist has raised concerns about a frozen yoghurt store in Brisbane, claiming it used artificial intelligence to replicate her artwork without permission. The incident comes months after she had previously asked for the removal of an original piece that was displayed without her consent or payment.
Megan McKean, an author and illustrator, discovered a mural featuring her original artwork from the 2018 Bristopia exhibition inside the newly opened Yogii & Yoii store on Racecourse Road in Ascot. She claims the business used the design without her permission or compensation and requested the mural’s removal along with a retroactive licensing fee for the unauthorized use of her art.
The business responded by stating that the mural artwork was supplied and installed by an independent contractor, and they were unaware at the time that the illustration was subject to copyright restrictions or required separate licensing. They also mentioned that they had not intended to reproduce or use her artwork without permission and took immediate steps to remove the mural.
However, in a social media post, McKean revealed that the business had replaced her Bristopia work, which had been displayed at the Museum of Brisbane for six months, with a generative AI reproduction. She claimed the new artwork continued 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 specializing in intellectual property for the creative arts after discovering the first mural on display. While waiting for Yogii & Yoii’s response to her formal letter of demand, she found out about 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. However, 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 Rise of AI in Art Creation
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 recent survey by Creative Australia found that 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 uncertainty about originality and ownership.
This case highlights the growing challenges artists face as AI technology becomes more accessible. McKean’s experience underscores the need for clearer regulations and protections for creators in the digital age.
What Can Artists Do?
For artists facing similar issues, there are several steps they can take:
- Document any unauthorized use of their work, including taking photographs and keeping records of communications.
- Consult with legal professionals who specialize in intellectual property rights.
- Engage with online communities and organizations that support artists and advocate for their rights.
- Raise awareness through social media and other platforms to highlight the importance of protecting original work.
As AI continues to evolve, it is crucial for artists, businesses, and policymakers to work together to ensure that creativity is respected and fairly compensated.
Yogii & Yoii have been contacted for comment.
