KLE SOCIETY’S LAW COLLEGE BENGALURU

(A Constituent college of KLE Technological University)

TOPIC OF ASSIGNMENT
Whether Street art to be covered under Copyright Rules

Submitted by
Mr : VINAYAKA.P.V
SRN : 03FL21BLL081
Programme : LL.B.
Course : INTELLECTUAL PROPERTY LAW.
 CERTIFICATE
This is to certify that Mr. VINAYAKA.P.V. has completed assignment on the topic
Whether Street art to be covered under Copyright Rules under my guidance and
supervision. I certify that this is an original and bonafide work.
Signature of the Course teacher:
Name of the Course teacher: Ms. Divya Gautam

DECLARATION
I, the undersigned, hereby declare that the assignment Whether Street art to be
covered under Copyright Rules is my original work and the conclusions drawn
therein are based on the material collected by me.

SIGNATURE: vinix.
NAME: VINAYAKA.P.V.
SRN: 03FL21BLL081
Table of Contents:
1. Abstract.
2. Research Problem
3. Research Methodology
4. Introduction
5. What is copyright?
6. What is Street Art?
7. History of street art
8. Street art in today's world:
9. Street art and copyright
10.Caselaws
11.Can street art be copyright protected?
12.Conclusion
13.References.
 Whether Street art to be covered under Copyright Rules

Abstract:

Street art, a vibrant and often controversial art form, has gained mainstream attention in recent
years. However, its legal status, particularly regarding copyright protection, remains ambiguous
and complex. while challenges exist, a nuanced approach that balances the rights of artists and
property owners is essential to ensuring the future of street art. It examines and analyzes relevant
case laws, and discusses the potential implications of copyright protection on artistic expression,
property rights, and public access to art. The paper concludes by proposing a balanced approach
that recognizes the rights of artists while ensuring the accessibility and cultural impact of street
art.

1. Research Problem:

Having been associated with vandalism and activism for a very long time street art was never
considered legitimate art form but with changing times the art form has found its place, however
it is not protected under legal regime like how other art forms. In this research paper the researcher
put forwards the arguments in support of street art getting protection under law.

2. Research Methodology:

This research employs a mixed-method approach, combining qualitative and quantitative methods
to analyze the complex issue of street art and copyright. The methodology includes:

Literature review: Examining existing research on street art and copyright, including legal articles,
artist statements, and reports from relevant organizations.

Case study analysis: Selecting and analyzing a case study of a specific street art work involved in
a copyright dispute to illustrate the legal complexities and challenges of copyright protection.
 3. Introduction:

TV has made going to the theatre seem pointless, Photography has pretty much killed painting,

but graffiti remains pretty much unspoiled by progress. – Banksy.1

First time man left any mark on anything was when he drew pictures on the walls of his cave.
Multiple instances of such art have been sited throughout history, where man made his
surroundings, a canvas.

Somewhere around the 1970, during the uprising of Hip Hop, graffiti became closely associated
with the art form. But this art form earned a reputation of Vandalism. Over the years, this art form
has found its space and market in the digital world.

1
Banksy (2005). Banksy: wall and piece, Random House UK
Street art is commonly never again viewed as a work of vandalism or a demonstration of
demolition of open property. Rather, it has become an attractive product, with some fashion names
and significant companies in any event, utilizing it in their advertising campaign. Street art is now
a global phenomenon.

Street art is increasingly seen as having commercial value, enhancing the cityscape, creating new
local art markets, attracting tourists, and contributing to the gentrification of an area with the result
that conventional ways of conceiving of street art have begun to pose new challenges to concepts
of crime and property. However, street art as legitimate status has not been built up, which has
raised various issues concerning its business use and begs the question whether it very well may
be protected by copyright.

Popular and hugely lucrative, street art is a big-money business. With original works being sold
for millions, the question arises whether this art form is eligible for copyright protection. Street art
is not new and is not going away. Works of famous street artist can sell for six figure sum and the
value of street art can outstrip the wall on which it is painted.

But, does copyright law protect graffiti? Preserving graffiti art and protecting it against
unauthorized reproductions are growing concerns in the art scene. This paper argues that copyright
law should cover graffiti works. This paper argues that copyright law should cover graffiti works
because copyright should be neutral towards works created by illegal means. Because copyright
should only be concerned with protecting expression, material transgressions related to the
physical embodiment of an artistic work should not exclude the work from copyright protection

4. What is copyright?

Copyright is a type of licensed innovation insurance. Copyright security is accessible for unique
works of initiation that are fixed in a tangible structure, regardless of whether distributed or
unpublished. The classifications of works that can be secured by copyright laws incorporate
paintings, literary works, live performances, photographs, movies, and software. Art by its very
nature is intangible. A mural can exist in one place, but anyone can relatively easily reproduce its
expression in books, posters advertisement and films. To protect this form of intellectual property,
most countries grant limited, exclusive rights to the artists, known as copyright.2

In a general sense, copyright is a law that gives you responsibility for things you make. Be it a
painting, a photo, a lyric or a novel, on the off chance that you made it, you claim it and it's simply
the copyright law that guarantees that proprietorship. The possession that copyright law awards
accompanies a few rights that you, as the proprietor, have solely.3

Those rights include:

- The right to replicate the work.

These are your privileges and your privileges alone. Except if you eagerly surrender them (EX: A
Creative Commons License), nobody can abuse them legitimately. This implies, except if you state
generally, nobody can play out a piece composed by you or make duplicates of it, even with
attribution, except if you give the OK.

Since, beyond fair use and parody, the holder of a copyrighted piece has close to unlimited power
to do what they need with their work. It's the same than owning a vehicle, a house or a pen. One
can loan it out to a companion, sell it, alter it or even crush it. To put it plainly, in the event that
you possess the copyright to something, you have similar rights that you do with whatever else
and, in certain cases, considerably more. All things considered, you created it. It just bodes well
that you would claim the rewards for so much hard work. That is the thing that copyright law is
about.

2
What is copyright https://www.plagiarismtoday.com/stopping-internet-plagiarism/your-copyrights-online/1-what-
is-a-copyright/
3
STREET ART: AN ANALYSIS UNDER U.S. INTELLECTUAL PROPERTY LAW AND INTELLECTUAL
PROPERTY'S NEGATIVE SPACE THEORY by Cathay Y. N. Smith in DePaul Journal of Art, Technology&
Intellectual Property Law https://via.library.depaul.edu/cgi/viewcontent.cgi?article=1030&context=jatip
 5. What is Street Art?

With regards to this sort of art, there are three terms generally used to portray it: Street art, graffiti
and vandalism. Street art is an umbrella term for almost all public craftsmanship, allowed and
illegal. This incorporates charged paintings; spray painting and even public craftsmanship shows.

The terms 'street art' and 'graffiti' generally invoke an image that is, a painted public surface of
some sort Considered by somewhere in the range of an annoyance, for others street art is an
apparatus for conveying perspectives on contradict, posing troublesome inquiries and
communicating political concerns. Street art can regularly be seen as a device for advancing a
craftsman's personal agenda encompassing contemporary social worries, with city veneers acting
in a similar job as the good old soapbox; a spot to laud the artist's assessment on a bunch issues
running from legislative issues and environmentalism to commercialization and utilization.

Numerous street art utilizes people in general canvas of structures, spans, lampposts, underpasses,
trench, walkways, dividers, and seats to guarantee their individual messages are seen by a wide
swath of the populace, unfiltered by target socioeconomics or being open just to artist world
natives.4

In a material structure that is recorded, for example a wall painting, painting, stencils or draws.

Under copyright laws, street artist reserves the option to keep others from repeating, distributing
or conveying their work without their assent. Copyright regularly exists in the street artist for the
life expectancy of the artist in addition to an extra 70 years. The land owner isn't the proprietor of
the copyright of the craftsmanship except if there is an understanding set up that states generally.

6. History of street art:

Street art will in general occur in urban regions, and truly, it's associated in specific approaches to
graffiti. Street art is generally made as a way to pass on a message associated with political
thoughts or social editorials. Not all street art includes painting.

4
CANVAS: A Blog by SAATCHI ART https://canvas.saatchiart.com/art/art-history-101/the-birth-of-street-art
It very well may be finished with stickers spread over surfaces or by strategies like yarn
bombarding, a procedure where specialists spread things like trees and utility poles with bright
filaments and weaving. Street art is be possible utilizing stencils, where the maker rehashes the
picture all over a surface to create an impression.

During the 60's: The desire of people to leave their mark on walls has been around for a thousand
years. In the late 60s, graffiti landed in New York City, after a presentation on the Philadelphia
side. Whatever the legend, nobody truly knows whether it occurred in a conscious exertion or as
an unconstrained event, however it appears everything began in Manhattan's Washington Heights
segment. Beginning from the upper west side of Manhattan, a large portion of the early writer used
to add to their name a number mirroring the road they really lived on, as in TAKI 183 or TRACY
168.

Before long all the NYC trains are painted through and through in a furious war for style
acknowledgment. Regularly alluded to as The man who designed present day graffiti, SEEN is
intelligent and fiercely imaginative. And keeping in mind that his name is effectively conspicuous
in his works, his style is consistently evolving

During 70's and 80's: Street art is profoundly established in the progressive acts of the individuals
who related to different subcultures connected to class, race, or sex. 1970s and 1980s New York
City saw the spray-painting blast, when craftsmen affected by rap, hip-jump, punk, and new wave
countercultures rioted to speak with individuals from their private gatherings.

According to Devon Brewer's Hip-Hop Graffiti Writers' Evaluation of Strategies to Control Illegal
Graffiti, there are four major values in hip hop graffiti: fame, artistic expression, power and
rebellion5

These craftsmen shower painted adapted lettering out in the open spaces (walls, bathrooms, train).
The medium developed as craftsmen handled current political and social issues and presented
increasingly visual components in their structures.

During 2000's: The subculture of graffiti soon progressed from scribbled signatures done with
magic markers to elaborate masterpieces done with multiple aerosol colors in the dark of the night.

5
Routledge Handbook of Graffiti and Street Art (Routledge, 2016)
At the turn of the twenty-first century Galleries and museums, however, also showed an interest
in 2011, for instance, the Museum of Contemporary Art in Los Angeles held the primary major
U.S. gallery study of street art. JR accept the road as the biggest gallery on the planet. An open
sky museum center for all.6

7. Street art in today's world:

In spite of the fact that street art owes a piece of its greatness to this sort of aesthetic articulation,
it is a superb artistic expression in its own privilege and it is astonishing to pursue the development
and decent variety of street art in the 21stst century.

For instance, stencils have been a piece of history parallel to spray painting and have been vessels
for socio-political activism for people with great influence, and considerably more for the
individuals who stood up to. The development of street art got obvious through such craftsmen as
Banksy, who changed perspectives on this work of art with his narrative Exit through the gift shop.
With the development of specialists such Veils or BLU, road craftsmanship turned into a ground
for exploring different avenues with different kind of methodology.7

8. Street art and copyright:

Graffiti is a significant type of art meriting a similar copyright assurance as other art forms get.
Numerous graffiti craftsman has gotten through to exhibitions and historical centers with canvas
works, yet a lot increasingly still live simply in the city with take a shot at building dividers and
tram corridors.

While graffiti artist may not want exhibition acknowledgment, their work still merit assurance
from copyright for profit. Sadly, the present condition of law denies graffiti artist any assurance
from copyright encroachment because of it being illegal.

6
WIDEWALLS : History of Street Art https://www.widewalls.ch/the-history-of-street-art/
7
Graffiti: At The Edge Of Copyright By Jonathan Bailey March 15, 2018
https://www.plagiarismtoday.com/2018/03/15/graffiti-at-the-edge-of-copyright/
Street art is being duplicated and reproduced on clothing posters, business things, and being shown
and sold in auction and displayed in galleries. Urban areas, for example, Bristol, Bethlehem, and
Taichung, are grasping street art by offering guided tours to flaunt their celebrated street art, street
art is turning into the following huge thing in the art world and market. As street art advances into
ware, the inquiry normally is who possesses street art, and ought to IPR law shield street art from
unapproved duplicating, evacuation and deal, or annihilation?8

The word street art, from the Italian graffiti, signifying to scratch, has been utilized to depict an
assortment of wall works including ancient cavern artistic creations and a wide assortment of
political, sexual, comical, and self-distinguishing messages that have been damaged, painted, and
set apart on walls since forever. Spray painting has been found on carved rocks in the antiquated
Egyptian town of Abu Simbel, and has additionally been found in the Italian city of Pompeii
(Bartolome and Snyder).

The accessibility of the work of art adds to its capacity, and, as expressed by English street artist
Banksy, it is spray painting that at last successes out on the grounds that it turns out to be a piece
of your city, it’s an apparatus. A wall is an exceptionally large weapon, he says, It’s perhaps the
nastiest thing you can hit somebody with. Stewers proceeds to make reference to in his exposition
that the workmanship as ‘composing’ is an imaginative strategy for speaking with different authors
and the overall population…. the craftsman’s character, articulation, and thoughts. This sort of
correspondence is fundamental in light of its capacity to connect individuals together paying little
mind to social, lingual, or racial contrasts in manners that nothing else can.

9. Caselaws:
a. H&M VS Jason Revok Williams:

At the point when spray graffiti artist Jason Williams, also called REVOK, saw a portion of his
work showing up in a promotion crusade for H&M, he did what numerous craftsmen would do:
He sent a quit it letter. H&M, as opposed to stopping and halting, reacted by recording a claim

8
PROTECTING ARTISTIC VANDALISM: GRAFFITI AND COPYRIGHT LAW CELIA LERMAN*
https://jipel.law.nyu.edu/wp-content/uploads/2015/05/NYU_JIPEL_Vol-2-No-
2_2_Lerman_Protecting_Artistic_Vandalism.pdf
against Williams saying that his work cannot be copyright ensured. As per H&M, since Williams'
craft is a result of criminal direct Williams has no copyright at all in the work.

Later on H&M reported through Twitter that it had relinquished the case against Jason William
expressing we would need to act contrastingly in our way to deal with this issue

Be that as it may, this isn't the principal case of spray-painting craftsmen doing combating over
copyright Regardless of whether its craftsmen suing over the demolition of in Queens, the bequest
of another craftsman suing McDonalds over the utilization of his tag in another suing when their
work showed up in a fashion line.

While there have been numerous endeavors by spray painting and street artist to guarantee
copyright in their works, all have been settled outside the court or have been rejected, including
suits against design house Moschino, style house Cavalli, McDonalds, and American Eagle
Outfitters. Equally, street artist has practiced rights which are auxiliary to copyright in both the
UK and the US. Unknown street artist Banksy profits from the Artist's Resale Right, a right which
entitles makers of physical fine arts to an extent of the returns from the closeout of their work. In
spite of the fact that not carefully copyright, the Artists Resale Right is firmly connected to it.
Thus, a 2018 New York case conceded nearly $7million dollars in harms to 45 street artists after
their (set with permission) fine arts were whitewashed by proprietor of the structures they were
painted on. This also was not under copyright, yet under the Visual Artists Rights Act 1990, which
awards explicit securities to works of art of perceived stature which are displayed in public.

b. Haines v. The American Greetings Corporation (2011, US):

Facts: Eric Haines created a mural titled "The Great Wall of Los Angeles" on a building owned by
a real estate developer. The developer commissioned the mural but later entered into a dispute with
Haines over the copyright. The American Greetings Corporation subsequently reproduced
elements of the mural on greeting cards without permission.

Issue: Whether the mural constituted a copyrighted work and whether the American Greetings
Corporation infringed on Haines' copyright.
Holding: The court ruled that the mural was a copyrighted work because it met the minimum
originality threshold and that the American Greetings Corporation infringed on Haines' copyright
by reproducing elements of the mural without permission.

Significance: This case established that street art can qualify for copyright protection under US
law, setting a precedent for future legal battles involving street art copyright.

c. Blackman v. The Bristol City Council (2017, UK):

Facts: Banksy, a renowned anonymous street artist, created the "Girl with Balloon" mural on a
wall in Bristol. The city council attempted to remove the mural, claiming it was graffiti and a
nuisance. Banksy challenged the council's actions, claiming copyright ownership of the mural.

Issue: Whether Banksy held the copyright to the "Girl with Balloon" mural and whether the city
council had the right to remove it.

Holding: The court recognized Banksy's copyright ownership of the mural, upholding his artistic
expression and control over his work. The court also ruled that the city council could not remove
the mural without Banksy's consent.

Significance: This case further solidified the legal recognition of street art as intellectual property
in the UK, highlighting the importance of protecting artists' rights and creative expression.

d. R v. Person or Persons Unknown (2018, UK):

Facts: A group of street artists created a large mural on a building without permission. The building
owner filed a complaint, claiming the mural constituted criminal damage.

Issue: Whether the creation of the street art amounted to criminal damage under UK law.

Holding: The court ruled that the creation of the street art constituted criminal damage, finding
that it caused permanent damage to the building without the owner's consent. This case highlighted
the potential conflict between copyright protection for street art and property rights.
Significance: This case demonstrates the need to balance the rights of artists with the rights of
property owners, ensuring that artistic expression respects established legal frameworks and
boundaries.

10. Can street art be copyright protected?

Copyright law is entirely clear. For a work to fit the bill for copyright security it just needs two
things:

a. The work should be original

Curiously, the law even incorporates any in its language, further underlining that the term is
intended to be as expansive as could reasonably be expected.

Street art, unquestionably, meets both of those capabilities. It is innovative and is expressed in a
tangible form i.e. painted on walls, regardless of whether it's legitimate or not, is a substantial
medium of expression. If the threshold is met, the Copyright Act stipulates that the copyright
proprietor has.

Street artist/graffiti is gradually turning out to be more standard. While before it was related with
crimes, spray painting is gradually turning into a praised highlight of each city and, let's be honest,
on each online life influencer's feed! Truth be told, spray painting is turning out to be commended
to such an extent that it is being appointed as a feature of inside (or outside) plan of cafes, retail
locations, and so on.9

In short, street art is art created in public space, and the street artist should get the same copyright
protection for his work as other art work are entitled to under the copyright law. Street art is an
important form of art deserving the same copyright protection as similar artistic formats.

The doctrine of unclean hands is used here. It essentially expresses that no individual should profit
by their violations. Clearly, a spray-painting craftsman getting copyright insurance in their work

9
Graffiti: At The Edge Of Copyright By Jonathan Bailey March 15, 2018
https://www.plagiarismtoday.com/2018/03/15/graffiti-at-the-edge-of-copyright/
would be a tremendous advantage and many contend that blocks copyright assurance in unlawfully
made workmanship.

One case that tended to this was Villa v. Pearson Education, where a graffiti artist Hiram Villa,
sued Pearson Education over the utilization of his specialty in a methodology direct for a Tony
Hawk computer game. After some procedural issues, Pearson endeavored to get the claim rejected
by asserting the illicit idea of the work made it ineligible for copyright insurance.

The judge declined to do so, saying that the illegality of the art was fact-dependent and not
appropriate to address at that stage.

The unclean hands doctrine cannot be used to deny copyright protection to a work, unless the
wrongful act alleged relates to the copyright ability of the work. The Fifth Circuit case Mitchell
Brothers Film Group v. Cinema Adult Theater is illustrative of this point. Mitchell Bros. Film
Group (Mitchell) owned the copyright over an adult motion picture that was exhibited, without
permission, on the premises of the Cinema Adult Theater (Cinema).

When Mitchell sued for copyright infringement, Cinema alleged that the work was not
copyrightable because its content was obscene. Cinema further responded that Mitchell could not
sue, based on the unclean hand’s doctrine. Cinema's argument was that if Mitchell's motion picture
was obscene and therefore illegal, then Mitchell would lack the clean hands necessary to claim
legal protection under copyright law. The court, however, rejected Cinema's argument and
maintained Mitchell's copyright.10

It explained:

That there is not even a hint in the language of [the copyright act] that the obscene nature of a work
renders it any less a copyrightable writing', and interpreted this as a conscious decision by the
legislature, designed to protect the broadest range of expressions. The court also ruled that the
doctrine of unclean hands was not applicable, because it requires that the plaintiff's unethical
behavior be related to the subject matter of the lawsuit. In other words, Mitchell's obscene behavior
was not related to the subject matter of its claim for copyright infringement. In short, street art is
art created in public space, and the street artist should get the same copyright protection for his

10
FROESE LAW: Is Street Art and Graffiti Copyright Protected? By Ashlee Froese | 17th march 2018
https://www.froeselaw.com/2018/03/17/is-street-art-and-graffiti-copyright-protected/
work as other art work are entitled to under the copyright law. No one should use it for their benefit
only because it is available in freely and publicly. It is still the hard work of some person and
therefore others should be refrained from using such art without the permission of the person
making it i.e. the street artist, graffiti artist. As such publishers of any art reproduction in books,
movies or poster must obtain permission from the copyright owner or face a suit for infringement
of copyright. But when the question comes to street art no permission is taken from the artist and
their work is used thereby creating an infringement of copyright and also making profits by using
that particular art.

In Hanrahan v Ramirez (1998), a group of children painted a mural on the side of a liquor store
with the owner's approval. Three years later the store owners painted over half of the mural with
an advertisement for the store. The artist sued under VARA.

The court found the artist to be of recognized stature because the piece won a national contest and
enjoyed local and national support. Therefore, the court awarded $48,000 and ordered restoration
of the mural.

Using street art without permission from the artist may infringe upon their moral rights and
copyright. Usage may include featuring the street art on your website, photographing the art for
commercial purposes or publishing the work in a magazine or book.

11. Conclusion:

Street art is an important form of art deserving the same copyright protection as similar artistic
formats. Denial of intellectual property protection to street artists' works would preclude a great
artist from further development or deny the public of a wonderful artist and could work to
discourage the development of the Arts.

Graffiti, as an art form, has always existed at the fringes of society. It should be no surprise that it
also exists at the fringes of copyright law. However, the mainstream success of graffiti has brought
it commercial success and, where there's money there's litigation. Many of the issues surrounding
graffiti and copyright remain unsettled and may still be for some time. Settlements are easier and
cheaper than wading through murky legal waters. Still, these issues won't go away.
As long as there's a drive to commercialize graffiti, there will be copyright issues. Particular
attention is to be paid to see whether the law is able to accommodate the needs of street and graffiti
artist, and give them the right tool to protect their interest for example, against companies trying
to commercially exploit their artwork.

12. References:
- Banksy (2005). Banksy: wall and piece, Random House UK
- What is copyright https://www.plagiarismtoday.com/stopping-internet-plagiarism/your-
copyrights-online/1-what-is-a-copyright/
- STREET ART: AN ANALYSIS UNDER U.S. INTELLECTUAL PROPERTY LAW AND
INTELLECTUAL PROPERTY'S NEGATIVE SPACE THEORY by Cathay Y. N. Smith in
DePaul Journal of Art, Technology& Intellectual Property Law
https://via.library.depaul.edu/cgi/viewcontent.cgi?article=1030&context=jatip
- CANVAS: A Blog by SAATCHI ART https://canvas.saatchiart.com/art/art-history-101/the-
birth-of-street-art
- Routledge Handbook of Graffiti and Street Art (Routledge, 2016)
- WIDEWALLS : History of Street Art https://www.widewalls.ch/the-history-of-street-art/
- Graffiti: At The Edge Of Copyright By Jonathan Bailey March 15, 2018
https://www.plagiarismtoday.com/2018/03/15/graffiti-at-the-edge-of-copyright/
- PROTECTING ARTISTIC VANDALISM: GRAFFITI AND COPYRIGHT LAW CELIA
LERMAN* https://jipel.law.nyu.edu/wp-content/uploads/2015/05/NYU_JIPEL_Vol-2-No-
2_2_Lerman_Protecting_Artistic_Vandalism.pdf
- Graffiti: At The Edge Of Copyright By Jonathan Bailey March 15, 2018
https://www.plagiarismtoday.com/2018/03/15/graffiti-at-the-edge-of-copyright/
- FROESE LAW: Is Street Art and Graffiti Copyright Protected? By Ashlee Froese | 17th march
2018 https://www.froeselaw.com/2018/03/17/is-street-art-and-graffiti-copyright-protected/