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wait wait wait wait ... if I vandalize property, do I get intellectual property rights over the creation?? Or even ignoring the legal aspect, do I get moral rights to the creation? Not sure I have the balls to make that claim.
Yes, you absolutely do get Copyright protection: https://en.m.wikipedia.org/wiki/Copyright_law_of_the_United_Kingdom (see the section on “Qualification for protection”)
You don’t get property rights over the physical object, but you automatically get copyright protections on the work itself.
Those are completely separate things and there’s no reason they would be tied together.
Hilariously enough though, someone can cut the piece of wall the artwork is on out, and sell it, which has happened.
It's their wall, after all.
You don’t get property rights over the physical object
Woah, not true dude! I've spent enough time with gangbangers to know that if you tag something, it means you own that entire city block, and anyone who says differently gets their ass kicked, or shot.
Playing GTA San Andreas does not count as gangbanging my friend.
yo you the guy with the friend? where's the gangbang?
Well of course. Playing GTA San Andreas is not the same thing as gangbanging your friend.
Yeah I think you need at least 4 dudes for that but the real min is 8
How is creating a work of art by an artist of worldwide renown on an ugly bare concrete wall vandalism? If it in some way affected the utility or even the aesthetics, you might have a point. But trying to make a crime out of improving public spaces through art is just silly.
except that it's literally a crime to vandalize public spaces to impose your ideas, aesthetics, and art on the public. Are you in actual denial or what is happening here?
this is not a comment on my opinion of Banksy's artistic value. But a major component of their art is the simple fact that it IS a crime. If you take that away, it loses most of its meaning.
Cool...so it's ok for businesses to force their ideas, aesthetics, and art on the public because...money?
I think it's more ownership and permission than money (although unfortunately they often overlap). You're allowed to paint your own house, but not somebody else's unless you have permission to do so.
Exactly. You can get a permit to place artwork on public property, but there's a significant amount of red tape there. You can even be commissioned to place artwork on public property, but that's pretty niche.
If you don't want to deal with that, place your artwork on private property and display it publicly from there.
You should be able to form your arguments about the merits of Banksy's work and whether or not he commits crimes without pulling in emotional and irrelevant facts like, "I don't like everything I can see advertized (typically on private property) from public."
Look, their whole shtick is that their art is criminal. That's their fucking gimmick. I don't know why people are pushing back so hard on this.
You're not wrong that it's illegal or that that is part of Banksy's "gimmick". I agree with you that, legally, what they do is vandalism.
But I'd guess you're getting pushback because you seem to be defending private property, which Banksy and perhaps their more politically-knowledgeable fans, likely view as unjust on the whole.
I'm guessing by the downvotes there some people here that don't understand what banksy does exactly. Although they do occasionally use some canvas and frames, most of their work is graffiti.
Exactly. It's amazing graffiti, but it's graffiti all the same.
The point isnt that it is illegal to do, but the criticism expressed towards many societal issues and capitalism. The fact that it is often done clandestinely is more an indication for a desire for his personal privacy and/or safety I would guess, albeit I admit that it meshes well with the anti system message.
It seems hypocritical from my standpoint. He can use private property as much as he wants for his art, but no one can infringe on his god given copyright? He can't have it both ways, either they are both in the wrong or neither of them are.
The problem is this isn't a person using his art, it's a company using it to make more money. So in this case he can have it both ways.
I don't necessarily agree with the person you responded to, and I could be wrong here but I don't really think Banksy is actually invoking their copyrights, just using it as an idea to criticize private property in general. Similar to how your own "god given copyright" is in itself a criticism. It's more like, "look our property laws that are meant to protect the art-maker mean nothing to big companies. Why should the property laws that are meant protect big companies mean anything to us?"
I get how you could see it as hypocritical, but I think fundamentally Banksy probably isn't advocating for stronger copyright laws here...
This it it. Banksy's not demanding money there. What's noted is that Guess has decided to join in and therefore its property is publicly up for grabs.
I thought about that as well, but don't forget that this can also be commissioned. Where I live this happens a lot on places where they know people are gonna spray anyway. It's a lot nicer to look at and other sprayers are less likely to spray over it
To be fair, we all know that Banksy's work was not commissioned by anyone.
curious how you know it's vandalism. like murals are a thing, getting approval from the building owner is a thing, one of the parts I miss most about my hometown was the art everywhere, but "fuck you" if you use spray paint as your medium I guess
You're asserting that Banksy gets permission from the owner of the wall before they paint on it? If so there's a lot of people out there pretending to know nothing about it when some art appears on their walls.
I'm not asserting anything, I was asking why he was asserting that it was definitively vandalism lol
If they had paid for use of the wall it would be very easy for them to prove it's not vandalism. They've never said they had permission, that I'm aware of. Can you link to them saying they do?
The point is we don't know, so we can't be sure it's vandalism. We just don't know.
dude. as I just said im literally not trying to make a point, I don't care enough to find a link or whatever. please get off my booty cheeks lmao
Banksy got da balls
No, you don’t.