Category Archives: street art

5Pointz case stayed pending petition to U.S. Supreme Court

Posted on: June 12, 2020 by Stephanie Drawdy

A nearly seven-year long legal battle over the rights of aerosol artists that played out before the New York courts and resulted in a $6.75 million judgment in favor of the artists has taken yet another turn. In 2018, a ground-breaking judgment was handed down against a group of New York developers for willful removal […]

Corporate Misappropriation of Urban Art: The Legal Landscape in the U.S.

Posted on: March 31, 2020 by Stephanie Drawdy

Does an advertisement that shows street art without the artist’s permission infringe the artist’s rights? Does it matter if the art was painted on a building with the property owner’s permission? Would the answer change if the mural is on a building that is visible to the public? The unfortunate answer to each of these […]

5Pointz appeal marks quantum shift in U.S. copyright law

Posted on: March 18, 2020 by Stephanie Drawdy

The appeal of a multi-million dollar award in favor of a group of artists that made headlines in 2018 was recently decided by a U.S. appeals court. The question looming for the last two years in the precedential case known as 5Pointz: would a New York developer be required to pay over $6 million in […]

Multi-million Dollar Award Under Appeal In Divisive 5Pointz Case

Posted on: November 28, 2019 by Stephanie Drawdy

Ninety days versus $6.75 million. That’s what the 5Pointz case currently on appeal in the US before the Second Circuit Court of Appeals boils down to. Twenty-one artists should have been given a ninety-day notice to remove their art from the façade of a real estate developer’s property before he whitewashed the works, according to the […]

“MAY RESULT IN LEGAL ACTION” ©TM : THE NEW BANKSY?

Posted on: November 21, 2019 by Adam Jomeen

Banksy’s well-known quip from 2005 that “Copyright is for losers ©TM” is perhaps more widely attributed than many of his artworks.  Disputes with an Italian museum and a UK greetings card company over the past year suggest a shift, however, in his historically laissez-faire attitude to the commercialisation of his work by unauthorised third parties.  […]

Banksy’s Paint Pot Angel, legal rights and the art market

Posted on: January 19, 2018 by Alexander Herman

An interesting story has made it out of Bristol, the home city (apparently) of the elusive street artist Banksy. Back in 2009, Banksy had collaborated with the Bristol Museum and Art Gallery on an exhibition called Banksy versus Bristol Museum. In true Banksy style, it featured a burnt-out ice cream van on the Museum’s front […]

The Moral Rights in a Banksy?

Posted on: September 14, 2015 by Alexander Herman

As reported far and wide, last Friday a High Court decision was rendered in a case involving a piece of Banksy street art called ‘Art Buff’, which had been stripped off a wall in Folkestone, England, and sent to the US for sale. The work had been added to the side of a building in 2014, in conjunction with a town […]

Banksy’s Dismaland and the Power of Parody

Posted on: August 28, 2015 by Alexander Herman

Last week, the Banksy-organised theme park known as Dismaland opened in the English seaside town of Weston-super-mare, billed specifically as a place ‘unsuitable for children’. The park has already been reported and commented on thoroughly in the media, notably by The Guardian and in Boodle Hatfield’s blog, for its twist on traditional notions of amusement parks and family-friendly enjoyment. Here […]

Banksy, Niobe and the ‘duped’ man from Gaza

Posted on: April 8, 2015 by Alexander Herman

Newspapers around the globe last week reported on the story of a Palestinian man from Gaza, Rabie Dardouna, who had unwittingly sold a door with a Banksy mural on it. Banksy had reportedly taken a tour of Gaza following the 2014 Israel-Gaza War and put up a number of characteristic works on bombed-out buildings. This […]