To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This book explores how copyright laws are perceived within street art and graffiti subcultures to examine how artists and writers view certain creative aspects of their own practice. Drawing on ethnographic research and fieldwork, the book gives voice to the main actors of these communities and highlights their feelings and opinions toward issues that are increasingly impacting their everyday life and work. It also touches on related and complementary issues, such as the 'gallerisation' or economic exploitation of these forms of art and the curious similarities between the graffiti and advertising worlds. Unique and comprehensive, Copyright on the Street brings the 'voice from the street' into the debate over the legal and non-legal protection of street art and graffiti.
Art and drawings on walls have existed for long time in Italy. It is an anthropological phenomenon whose millennial existence is confirmed by the rock paintings in the Camonica Valley in North Italy as well as the engravings on the Colosseum in Rome and on the walls of Pompeii.
The first Italian publications documenting art in the street are the works “Graffiti a New York” published in 1978 by Andrea Nelli, a university dissertation offering a clear and detailed analysis of the thriving New York writing culture of that era; and ‘Arte di Frontiera’ by art critic and researcher Francesca Alinovi, published in 1982 in the Flash Art magazine, and documenting the kids with spraycans from the poverty-stricken neighbourhoods of the city, about their impudence, their energy, and the way a new lettering-based art was created and developing fast. In 1984, the (then) Gallery of Modern Art in Bologna completes the innovative research by Alinovi (who in the meantime had been killed in a mysterious murder case) and organises ‘New York Graffiti’, one of the first European exhibitions entirely dedicated to graffiti artists like Futura 2000, Lady Pink, Daze and Toxic.
In this chapter I expand on whether and to what extent UK copyright law is capable of regulating street and graffiti art. There has been thus far no reported decision by British courts on copyright protection of these forms of art. This is also probably due to the fact that disputes are often settled out-of-court before a complaint is filed or a decision is reached. After all, this seems to be the rule in most cases regarding art. The chapter focuses on the following selected aspects: (i) requirements for copyright protection; (ii) authorship and ownership; (iii) moral rights; (iv) freedom of panorama exception; and (v) illegally created works.
This chapter will investigate to what extent certain US copyright and moral right laws are capable of protecting these forms of art, by referring in particular to paintings on walls and other urban surfaces. It will focus on the following selected aspects: (i) subject matter and requirements for protection; (ii) moral rights, with a particular focus on the integrity right; and (iii) illegal artworks. There have been so far a few court decisions on these issues, with judges coming up with important findings that could have a positive influence on the further development and recognition of these forms of art.
The chapter highlights issues raised by attempts to preserve street and graffiti art. It does so by exploring whether street and graffiti artists could successfully oppose the removal or destruction of their works by relying on the moral right of integrity; and whether the heritagisation of these forms of art could also be a valuable legal option to conserve them. Cases where artists have tried to protect their works, and local councils and communities have attempted to conserve street artworks, will also be analysed. The chapter concludes that a reasonable balance between the rights and interests of all stakeholders – artists, property owners and local communities – needs to be achieved, and that this is best undertaken by judges, or administrative bodies, equipped to grasp the specificity and complexity of each case.