The question of why should graffiti be protected is growing essential nowadays due to the popularity of the graffiti movement. Street art, including graffiti, was once considered a nuisance rather than a part of art.
Although the way it is created may be legally ambiguous, it undoubtedly holds monetary and creative value. Especially those created by well-known street artists. Not really surprising that nowadays artists are working towards protecting their creations through copyright.
How Copyright Supports Creative Work?
Once a graffiti copyright is granted, there must be permission to reproduce it in other media. It is said that it is impossible to take photographs of the artwork or reproduce graffiti in homeware, clothing, books, and so on as long as there is no permission from the owner.
Copyright in Simple Terms
Copyright is considered a property right associated with original artistic works. It can be in the form of artistic quality or graphic work. To be eligible for copyright, the art must be original and arranged in a fixed medium.
The question of “why should graffiti be protected” by a reliable service doesn’t matter whether people assume that graffiti is beautiful or not. Most of this kind of art may qualify for these requirements.
Based on ACT CDPA (Copyright, Designs, and Patents), to remain the copyright, a work should perform its originality. This is not about how the artistic quality is measured, but questioning if the author acts more than independent work and skill.
Reasons Graffiti Should Have Legal Protection
Why should graffiti be protected? Despite its illegality, once graffiti is qualified for the minimum requirements for copyright registration, it needs to be protected. Here, copyright acts neutrally towards any creations depicting illegal means.
1. Recognizing the Artistic Value of Street Art
Creative works deserve to get respect and rights by being treated legitimately. It helps to acknowledge the contribution of street artists in enriching the culture, as the works deserve protection like traditional art forms. Making sure they are not exploited.
2. Helping Artists Protect Their Vision and Income
Why should graffiti be protected? By owning a copyright, creators can utilize their work based on their vision and ensure that the artists get the profits from their hard work. This is essential as they need to enjoy the result of their creative integrity.
3. Stopping Unauthorized Commercial Use of Street Art
Copyright services protect the owners against competitors that might use their creations unauthorizedly. The artist can fully control the use of their work by selling reproductions, licensing it, or showcasing it to get the result of their hard work.
The Gray Areas of Legal Protection for Graffiti
Some people argue that when it comes to why should graffiti be protected, it is always about vandalism or even a crime given the way it is made without permission on others’ property. However, some believe that it is just a personal opinion and artistic expression.
1. When Does Graffiti Cross the Line into Vandalism?
There is a gray area in legal protection for graffiti since the way it is created is sometimes without permission. This technically illegal thing ends up with some questions.
Is it allowed for an artist to claim and get the right to the art made on another’s property? Who is the owner of the art? If this is the case, then random artists can easily claim their rights.
This is the reason why the thought of why should graffiti be protected is between whether it is vandalism or art. This makes it difficult to assume that graffiti can be legally ruled as valuable art. In most countries, it is recognized as vandalism.
However, it is regardless of the assumption of whether it is art, vandalism, or both. People will enjoy the sense of pleasant rather than being annoyed in case graffiti artists spread their color to create magic on their walls.
As a result, those artists act in the area between vandal and art. People may welcome artists like Banksy but not those teenagers creating their art in spray paint. So, can you copyright graffiti?
Finally, any kind of art that is created on others’ property can raise confusion in analyzing who will be the owner of the IP right. So, this art crosses into the area of vandalism if it is created on other property.
2. Can Freedom of Expression and Legal Protection Coexist?
Logically, yes. However, freedom of expression has limits. When it comes to legal restrictions, freedom of expression is a part of a fundamental right. However, in certain circumstances, the law may restrict it.
There must be a balance between freedom of expression and other rights, including the right to privacy. GDPR, which is the General Data Protection Regulation, requires those who process personal data to perform accountability and transparency.
However, the freedom of expression primarily in journalism, can be limited by this. Move to the next component, legal law. The international law protects the expression of freedom, specifically in human rights treaties.
Furthermore, there is also a 3 part test conducted by ICCPR (International Covenant on Civil and Political Rights) regarding this matter. The purpose of the test is to decide the legitimacy of a restriction on freedom.
As street art is now increasing in popularity around the globe, this creative work may be moved from where it might belong to a gallery to be commercially used. These economic forces may end up with dispute cases as people are pursuing fame and financial freedom.
Protecting any intellectual property, such as artworks, is critical. This world is full of artistic creations that go beyond creativity and the creators need to consider the legitimacy. However, it will not be that difficult if you consult with the right law firm services.
Why should graffiti be protected with the help of Am Badar & Am Badar‘s advanced copyright services? It will be easier for you to get a copyright for your work. Am Badar & Am Badar Copyright Recordation Service best supports your copyright-related matter. Visit our insight page or contact us for more details!
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