Protecting Artistic Vandalism: Graffiti and Copyright Law April 22, 2013 By Celia Lerman in JIPEL Vol. 2 - No. 2 Tags: Copyright By Celia Lerman* A pdf version of this article may be downloaded here. Introduction I. A Rising Artistic Movement Where Ownership Raises Concerns II. Graffiti as a Visual Work Under Copyright Law III. How Can We Protect Illegal Expression Like Graffiti Under Copyright? A. Identifying Illegal Graffiti B. Illegality Is Not a Basis for Denying Copyright Protection C. Illegal Art Can Be Protected in an Incentive-Based Copyright System IV. Challenges to the Enforcement of Artists’ Rights in Their Graffiti A. Challenges in Enforcing Copyright B. Challenges Under the Visual Artists Rights Act 1. Claims of Attribution over the Work 2. Claims against Third Parties to Protect the Integrity of the Work and to Prevent Destruction of the Work Conclusion More →
