Legal Information

Copyright war: Street artists accuse big corporations of stealing their artworks

Submitted by russell on Thu, 10/20/2016 - 19:50

Copyright war: Street artists accuse big corporations of stealing their artworks
The family of the deceased artist Dash Snow have accused McDonald's of stealing Snow’s graffiti signature to decorate the walls of hundreds of their restaurants – and his case is not the only one

Enrico Bonadio Monday 17 October 2016 for the Independent UK

The family of late street artist Dash Snow say McDonald's stole his graffiti signature and put it on the walls of their restaurants

Fast food giant McDonald’s has its own, very recognisable logo, but it may soon need to defend itself against a copyright lawsuit for allegedly appropriating someone else’s, in this instance the stylised name of a street artist.

The family of the deceased artist Dash Snow recently brought the case to a Californian court. Also…

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Justin Giarla flees SF, but not lawsuit

Submitted by russell on Sat, 08/20/2016 - 15:46

This story, where a gallery owner allegedly doesn't pay artists, is a good addition to the Stencil Archive legal feed. Before I saw this Vandalog post (with links to statements made) pop up on my social media streams, I overheard a reporter ask Shepard Fairey about it while I was watching his mural go up in Hayes Valley. Fairey replied, on the record, that he had heard about Justin Giarla's plight. "He owes me money too, but I don't really need it," Fairey said. "What makes me sad is all the money he owes to the artists that really need it." A few days later, a link showed up with more of the story, including past and future litigation over money owed to artists from Giarla's various galleries. Moral of the story: ARTIST BEWARE!

Justin Giarla closes galleries, moves to Portland, allegedly screws over his artists
by RJ…

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Broken Windows Policing Doesn't Work

Submitted by russell on Fri, 06/24/2016 - 06:54

'Broken windows' policing doesn’t bring down felonies, study says

New York's police department believes that enforcing laws against petty crime helps with felony deterrence, but many departments are shifting away from this model.

By Deepti Hajela, Associated Press JUNE 23, 2016
Read the NY OIG report (PDF)

NEW YORK — A data analysis found no link between enforcement of low-level quality-of-life crimes and the felony crime rate, the office charged with overseeing New York City's police department said Wednesday.

The report took pains to make clear it was not commenting on the New York Police Department's overall "broken windows" policing approach, but critics of the policy said the…

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Tag a US Nat. Park, Redditors Will Find You

Submitted by russell on Thu, 06/23/2016 - 21:13

Graffiti artist banned from 20% of US after Reddit users' investigation

Casey Nocket banned from all US national parks and sentenced to 200 hours of community service after users on Reddit tracked her down through social media

The Guardian UK
Tuesday 21 June 2016 18.03 EDT Last modified on Wednesday 22 June 2016 17.00 EDT

A graffiti artist has been banned from all national parks and other federally administered land – that’s more than 20% of the US – for vandalism after Reddit users tracked her down on social media.

Casey Nocket was also sentenced to 200 hours of community service and a fine for drawing faces in acrylic paint in at least six national parks: Death Valley, Colorado National Monument, Canyonlands, Zion and Crater Lake.

Under each picture she left her tag “Creepytings”, which was also the name…

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Rime v Scott: Arguing Graffiti Cannot be Protected

Submitted by russell on Sun, 04/24/2016 - 14:28

Graffiti Cannot be Copyright Protected, Claims Moschino, Jeremy Scott
(originally posted on The Fashion Law)
 

The latest update in the Rime vs. Jeremy Scott and Moschino graffiti copying case: The creative director and the Italian design house filed to have the Brooklyn-based graffiti artist’s case dismissed, arguing that he does not have standing to bring claims of copyright infringement because the work was an act of vandalism and should not be protected by law.

In a motion for summary judgment filed on Monday, Moschino and Jeremy Scott asked the court to dismiss the case because the artist, whose name is Joseph Tierney, is an "…

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A Lawyer Talks about Copyrights in Street Art

Submitted by russell on Fri, 01/22/2016 - 21:32

6 Things You Must Know About Copyrights in Street Art
Megan Ralstin for Art Law Journal

Artist’s rights in their street art, whether commissioned or guerrilla, has been in the news with some frequency lately, largely due to suits against American Eagle and Terry Gilliam. The slippery nature of copyright law has left many wondering where to draw the line between taking a photograph with street art in the background and taking a photo that infringes on a copyright. Unfortunately, there are no easy answers. As we have pointed out before, artwork used without permission may not be considered an infringement. Rather, unauthorized use exists on a spectrum with clear infringement on one end and fair use on the other.

Miami’s Wynwood district has become a hotspot for street art. Recently, American Eagle used murals from one of Miami’s most well-known street artists, AholSniffsGlue, in its latest…

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Who owns street art (UK)

Submitted by russell on Mon, 09/21/2015 - 22:28

Who owns street art?
21 September 2015 By Tim Maxwell, Becky Shaw, Andrew Bruce for Law Society Gazette

In a judgment handed down on 11 September in The Creative Foundation v Dreamland Leisure Limited [2015] EWHC 2556 (Ch), the High Court held that a tenant was not entitled to remove a Banksy mural from the wall of its leasehold property and must deliver it up to the claimant.

As well as being one of the first cases to consider the ownership of street art, it also raises points of general importance in landlord and tenant law.

The mural in question, ‘Art Buff’ (pictured), appeared on the back of an amusement arcade in Folkestone in late September 2014…

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San Francisco hitting up graffiti vandals with costly civil suits

Submitted by russell on Sat, 08/22/2015 - 09:47

San Francisco hitting up graffiti vandals with costly civil suits

By C.W. Nevius for the SF Chronicle
August 21, 2015 Updated: August 21, 2015 5:16pm

Everyone knows how difficult it is to stop the graffiti tagging epidemic in the city. First, it’s nearly impossible to catch anyone in the act. And if cops do, a criminal case in the courts often results in minor consequences, like a few hours of community service.

A walk down virtually any graffiti-tagged street in the city tells you criminal charges aren’t having much of an effect.

So, San Francisco is changing the game. We’re making it personal.

In an innovative and clever legal maneuver, the city attorney’s office is asking the courts to treat the city like any other property owner and allow it to sue for damages to pay for graffiti…

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Activists Arrested for Chalking Sidewalk

Submitted by russell on Sat, 08/01/2015 - 10:21

4 Activists Arrested for Chalking “Save the Animals”
by WILL POTTER on JULY 28, 2015
in TERRORISM COURT CASES (Green is the New Red)

(<<< An example of activist stencil chalking)

Four animal rights activists have been arrested for allegedly writing political slogans on the public street using sidewalk chalk.

The four were arrested in Beaverton, Oregon, and face charges of harassment, criminal mischief, and disorderly conduct.

The chalking was done as part of the growing “No New Animal Lab” campaign, which aims to stop the construction of a new underground animal experimentation facility at the University of Washington.

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Shepard Fairey's Arrest Begs Question: Art or Vandalism?

Submitted by russell on Sun, 07/19/2015 - 20:02

How Shepard Fairey's arrest provides a new look at an old question: Is it art or is it vandalism?

By DEBORAH VANKIN AND DAVID NG (LA Times)

Shepard Fairey has never been one to play by the rules — and that's par for the course for someone in a street art community that exists on the cultural margins.

Or does it?

The L.A.-based street artist and graphic designer, best known for his 2008 "Hope" poster timed with Barack Obama's presidential campaign as well as the "Obey" image seen on posters and T-shirts worldwide, was arrested last week while passing through customs at Los Angeles International Airport. Authorities there noticed that Detroit police had issued a…

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