Australian Artist Battles Frozen Yogurt Shop Over AI-Generated Art

If you're going to use the work of an artist without permission, at least have the decency to commission a human, not an AI.

Megan McKean, a Brisbane-based author and illustrator, discovered that a frozen yogurt shop on Racecourse Road in Ascot had used a version of her original artwork, Bristopia, without permission or payment. The artwork was part of her 2018 exhibition, and McKean had asked for its removal when she saw it on display without her consent. Instead of removing it, the shop replaced the artwork with a new mural created using artificial intelligence.

McKean claims the new mural is a direct copy of her original work, with minor errors that can only be attributed to the AI. These errors were a dead giveaway that the artwork was generated by a machine, and not created by a human. McKean believes that the shop used artificial intelligence to replicate her work without permission, and she wants it stopped.

The use of AI-generated art has become a contentious issue in the art world, with many artists expressing concerns over plagiarism and the use of original work without consent or compensation. Since the boom in generative AI services in 2022, there have been a growing number of cases where AI-generated art has been used without the permission of the original artists. In many of these cases, the use of AI-generated art has been presented as a legitimate form of artistic expression.

McKean engaged a legal firm specializing in intellectual property for the creative arts after discovering the first mural on display. She demanded the removal and destruction of the mural, the contact information of the supplier, and increased damages owing. The frozen yogurt shop claimed 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.

However, McKean alleges that the shop is still using her artwork without permission, and that the use of AI-generated art is becoming increasingly common. She believes that the shop's actions are a clear example of how AI-generated art can be used to exploit original artists. McKean is now fighting to protect her rights and ensure that artists are fairly compensated for their work.

The use of AI-generated art raises questions about ownership and originality. With the increasing accessibility of AI tools, it is becoming easier for artists to create and share their work. However, this also means that it is easier for others to use and profit from their work without permission or payment.

Megan McKean's battle with the frozen yogurt shop highlights the need for artists to protect their work and fight for fair compensation. It also raises questions about the role of AI-generated art in the creative industry. McKean hopes that her case will raise awareness of the issue and provide resources and support for creatives who may find themselves in similar situations.

In a statement, McKean said: "This is a sadly common situation for many artists – and it feels like it will only get worse as AI art becomes more prevalent and accessible." She also noted that she hoped to provide resources and support for creatives who may find themselves in similar situations, and to raise awareness of the issue.

The issue of AI-generated art is complex and multifaceted, and there is no easy solution. However, it is clear that artists need to take steps to protect their work and fight for fair compensation. As McKean's case highlights, the use of AI-generated art raises questions about ownership and originality, and it is up to the creative industry to address these issues. The Australian art scene has a rich history and a vibrant community, but it is also facing new challenges and uncertainties.

As the industry adapts to the rise of AI-generated art, it will be interesting to see how artists, galleries, and collectors respond. For now, Megan McKean's battle with the frozen yogurt shop serves as a reminder of the importance of protecting one's work and fighting for fair compensation.