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https://jipel.law.nyu.edu/wp-content/uploads/2015/05/NYU_JIPEL_Vol-2-No-2_2_Lerman_Protecting_Artistic_Vandalism.pdf
2013] PROTECTING ARTISTIC VANDALISM 297 . authorship that can fit into the concept of promoting “the Progress of Science and useful Arts,” as stated in the United States Constitution. 2. Protecting graffiti under copyright law, moreover, may incentivize graffiti artists to create more legal works.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2033691
Mar 11, 2012 · Preserving graffiti art and protecting it against unauthorized reproductions are growing concerns in the art scene. This article argues that copyright law covers graffiti works because copyright is neutral towards works created by illegal means.Cited by: 4
https://www.researchgate.net/publication/256017071_Protecting_Artistic_Vandalism_Graffiti_and_Copyright_Law
Mar 11, 2012 · [Show full abstract] copyright, I will focus on whether unsanctioned street and graffiti art deserve such legal protection and in general on artists and writers' attitude towards copyright. The ...Author: Celia Lerman
https://www.thelegalartist.com/blog/illegal-graffiti-gets-copyright-protection-because-it-is-still-art
Apr 30, 2013 · And because graffiti is usually illegal, it raises a decorum problem that often confuses people into thinking that the normal rights of copyright ownership don't apply - i.e. "you can't copyright protect vandalism because it is illegal." But that's bunk.
https://www.internationallawoffice.com/Newsletters/Intellectual-Property/South-Africa/KISCH-IP/Is-graffiti-protected-by-copyright
Graffiti is generally no longer considered to be a work of vandalism or an act of destruction of public property. Instead, it has become a marketable commodity, with some fashion labels and major corporations even using it in their advertising campaigns. However, graffiti's legal status as art has not been established, which begs the question of whether it can be protected by copyright and has ...
http://ndlawreview.org/2016/12/incentivizing-graffiti-extending-copyright-protection-to-a-prominent-artistic-movement/
On the other hand, Brittany Elias, a recent law student, and Bobby Ghajar, a trial attorney leading his firm’s worldwide trademark group, argue that extending copyright protection would not incentivize the creation of more street art because in the past decade street art has flourished without protection and the negative space of IP in this ...
https://issuu.com/jipel/docs/2_lerman_protecting_artistic_vandal
PROTECTING ARTISTIC VANDALISM. 319. copyright law does not include such a provision. 102 Presumably, general illegality clauses would not be accepted in an intellectual property system like that ...
https://www.novagraaf.com/en/insights/when-ip-meets-counterculture-graffiti-protected-copyright
Sep 17, 2019 · Little wonder that artists are now seeking to enforce IP protection for their creations. Whether you consider graffiti to be art or vandalism (or both), chances are that if Banksy painted something on the side of your garage door, you’d be more pleased than annoyed. As a subculture, street artists work a fine line between creator and vandal.
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