Street art belongs to the freeholder

Iljadica, Marta

doi:10.1093/jiplp/jpv230

Cited by 2 publications

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“…Those conditions are (i) the originality requirement, and (ii) the fixation requirement (Stech, 2015). Though some have disputed the originality of certain styles of street art such as tags and throw-ups on the basis of aesthetic considerations, the originality requirement simply demands that a work must be an original (in the sense of not copied) creation of an author (Bonadio, 2017;Iljadica, 2016aIljadica, , 2016b. The fixation requirement tells us that copyright applies only to works in a tangible medium.…”

Section: Should Copyright and Moral Rights Protect Street Art?mentioning

confidence: 99%

Philosophy of Street Art: Identity, Value, and the Law

Baldini

2022

Philosophy Compass

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We are living in the era of street art. Since Nick Riggle’s pivotal work on the definition of street art, several philosophers have addressed issues in the philosophy of street art. The goal of this paper is to summarize the literature. I consider the following matters, which have been at the core of philosophical discussions on street art: demarcation, value, illegality, and the ethical foundation of intellectual property (IP) protection. In answering the question ‘What is street art?,’ philosophers have generally resisted skeptical approaches by developing a wide range of real and essentialist definitions of street art (Section 2). When considering street art’s value, I distinguish between aesthetic and non‐aesthetic centered accounts. If the former focus on the aesthetic side of our experience of street art, the latter generally place emphasis on its activist nature and political significance (Section 3). In discussing the relationship between street art and illegality, I canvas different takes on the issue. If for some scholars illegality is either a necessary or sufficient condition for street art, philosophers tend to agree that it is neither, while not denying its relevance at the level of identity and authenticity (Section 4). Finally, I consider matters of IP protection of street art. On the one hand, copyright optimists defend the view that current IP legislations may very well have a positive impact on the promotion and preservation of street art. Pessimists, on the other hand, argue that an extension of copyright privileges to works of street art is likely to jeopardize the counter‐cultural and rebellious nature of this urban art kind (Section 5).

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Section: Should Copyright and Moral Rights Protect Street Art?mentioning

confidence: 99%

Philosophy of Street Art: Identity, Value, and the Law

Baldini

2022

Philosophy Compass

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A Philosophy Guide to Street Art and the Law

Baldini

2018

BRP Art Law

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What is the relationship between street art and the law? It is argued that street art has a constitutive relationship with the law. A crucial aspect of the identity of this urban art kind depends on its capacity to turn upside down dominant uses of public spaces. Street artists subvert those laws and social norms that regulate the city. It is shown that street art has not only transformed public spaces and their functions into artistic material, but has also turned its rebellious attitude toward the law into a creative resource. This essay aims at elucidating and arguing for this claim, while drawing important implications at the level of street art’s metaphysics, value, and relationship with rights of intellectual property, in particular copyright and moral rights. At the other end of the spectrum of contractual art, street art is outlaw art.

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Street art belongs to the freeholder

Cited by 2 publications

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Philosophy of Street Art: Identity, Value, and the Law

Philosophy of Street Art: Identity, Value, and the Law

A Philosophy Guide to Street Art and the Law

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