14.1 Street Art and Property Rights

Street art blurs the lines between creative expression and property rights. It challenges traditional notions of ownership and public space, sparking debates about legality, vandalism, and artistic freedom. The issue highlights the complex relationship between artists, property owners, and the public.

Contemporary art law grapples with protecting both artists' rights and property owners' interests. The Visual Artists Rights Act (VARA) grants moral rights to artists, but its application to street art remains contentious, especially for unauthorized works. This tension reflects broader ethical questions in the art world.

Legality and Property Rights

Graffiti and Public Space

Top images from around the web for Graffiti and Public Space

• 

  File:Tylicki street art war graffiti New York 1982.jpg - Wikimedia Commons View original

  Is this image relevant?

• 

  File:Graffiti wall Melbourne 2005.jpg - Wikimedia Commons View original

  Is this image relevant?

• 

  Vandalog – A Viral Art and Street Art Blog » Graffiti vs. Street Art: A debate I don’t understand View original

  Is this image relevant?

• 

  File:Tylicki street art war graffiti New York 1982.jpg - Wikimedia Commons View original

  Is this image relevant?

• 

  File:Graffiti wall Melbourne 2005.jpg - Wikimedia Commons View original

  Is this image relevant?

1 of 3

Top images from around the web for Graffiti and Public Space

• 

  File:Tylicki street art war graffiti New York 1982.jpg - Wikimedia Commons View original

  Is this image relevant?

• 

  File:Graffiti wall Melbourne 2005.jpg - Wikimedia Commons View original

  Is this image relevant?

• 

  Vandalog – A Viral Art and Street Art Blog » Graffiti vs. Street Art: A debate I don’t understand View original

  Is this image relevant?

• 

  File:Tylicki street art war graffiti New York 1982.jpg - Wikimedia Commons View original

  Is this image relevant?

• 

  File:Graffiti wall Melbourne 2005.jpg - Wikimedia Commons View original

  Is this image relevant?

1 of 3

• Graffiti involves creating unauthorized artwork on public or private surfaces
• Public space encompasses areas accessible to the general population (sidewalks, parks, building exteriors)
• Graffiti in public spaces often viewed as vandalism by authorities
• Some cities designate specific areas for legal street art (free walls, mural projects)
• Public space graffiti raises questions about freedom of expression vs. property rights

Private Property and Vandalism

• Private property includes buildings, homes, and structures owned by individuals or businesses
• Graffiti on private property without permission constitutes vandalism
• Property owners bear responsibility for removal costs and potential fines
• Vandalism laws vary by jurisdiction, with penalties ranging from fines to imprisonment
• Some property owners embrace street art, increasing property value (Wynwood Walls in Miami)

Commissioned Street Art

• Commissioned street art involves artists hired to create murals or installations
• Property owners or local governments typically sponsor commissioned works
• Legal agreements outline artwork ownership, maintenance, and potential removal
• Commissioned pieces often celebrate local culture or address social issues
• Blurs lines between traditional public art and street art aesthetics

Artist Rights and Protection

Visual Artists Rights Act (VARA)

• VARA enacted in 1990 as an amendment to U.S. copyright law
• Grants visual artists certain moral rights over their creations
• Applies to works of visual art created on or after June 1, 1991
• Covers paintings, sculptures, drawings, prints, and still photographs
• Does not automatically extend to unauthorized street art or graffiti

Moral Rights and Artist Protection

• Moral rights include right of attribution and right of integrity
• Attribution right allows artists to claim authorship or remain anonymous
• Integrity right prevents distortion, mutilation, or modification of artwork
• VARA protects artists' reputations by preserving artwork integrity
• Street artists face challenges in asserting moral rights for unauthorized works

Removal and Destruction Considerations

• VARA requires building owners to notify artists before removing site-specific art
• Artists have 90 days to remove work at their own expense if feasible
• Applies to works "incorporated in or made part of a building"
• Street art on abandoned buildings may receive VARA protection (5Pointz case)
• Tension between property owners' rights and artists' moral rights

Banksy Effect and Artist Recognition

• Banksy effect refers to increased value of buildings featuring street art
• Property owners may preserve or protect valuable street art pieces
• Creates complex legal situations when artwork ownership disputed
• Some cities implement policies to preserve significant street art
• Raises questions about commodification and commercialization of street art