Anonymity, controversy and an anti-establishment message are elements that have made up Banksy's unique image as an artist. However, these same elements put him in an unusual position in relation to the law. In the context of street art, the law has a significant impact, both on the artist's work itself and on his future career.
Illegality of creativity in public space
As a street artist, Banksy often creates his works on other people's land, often without the owners' permission. Although his works are valued as important works of art, it should not be forgotten that they are technically acts of vandalism. This puts Banksy in a difficult legal position, where his works are both protected as important works of art, but can also be removed as acts of vandalism.
Copyright versus anonymity
Banksy created "Banksy's Pest Control" to authorize and verify his works, but his desire for anonymity makes it difficult to defend his copyright in a conventional manner. In 2020, the European Union Intellectual Property Office (EUIPO) invalidated two of Banksy's commodity copyrights, claiming that the artist never intended to use them commercially. This case demonstrated how difficult it is for Banksy to balance protecting his work with maintaining his anonymity.
The issue of owning and protecting works
Banksy's works in public spaces have often been the subject of legal disputes over the ownership and protection of these works. When Banksy creates an artwork on a building, it introduces complicated issues regarding ownership of the artwork. Does the property acquire value due to the presence of Banksy's work? Can the works be sold without the artist's permission? These questions remain unresolved.
In conclusion, the law affects Banksy as a street artist in many ways. From infringement of property rights, to copyright issues, to complex issues regarding the ownership and protection of his works. Further changes in the law will certainly affect his work and ways of doing things in the future.
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