Street Art, Graffiti and the Moral Right of Integrity: Can Artists Oppose the Destruction and Removal of their Works?

The relatively recent boom of street art and graffiti in many cities around the world animates and brings attention to the debate around their conservation. Can artists within these communities use the legal tools offered by moral rights laws to preserve their art? This note addresses this issue and, in particular, expands on whether street artists and graffiti writers can rely on moral rights regimes to prevent the destruction or removal of their works. It does so by looking at recent cases, especially in the US, where artists have started lawsuits aimed at preserving their street pieces or anyhow objecting to their erasure. The note also partially draws on semi-structured interviews I have conducted with several street artists and graffiti writers, whom I asked questions about whether they nurture interest in taking legal action for the above purposes

Graffiti, Street Art and Copyright

This short note examines whether street and graffiti art can and should be protected by copyright. Indeed, cases where corporations have used these forms of art to promote their products are increasingly common, which shows that these artworks are particularly vulnerable to misappropriation. In addition to expanding on whether tags and throw-ups can be considered original enough to attract 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 note also draws from semi-structured interviews I’ve recently conducted with several street artists and writers

Brexit Implications for Geographical Indications for Food and Beverages

Considers how Brexit may affect protection of geographical indications (GI) for food and beverages in the UK. Reviews the remaining uncertainties, the scope for supplementary protection through passing off actions, the position of European GIs in the UK, the possible impact of a UK-US trade agreement, and whether the Comprehensive Economic and Trade Agreement between Canada and the European Union 2016 offers a GI model for future UK-EU relations

Protecting Intellectual Property Rights Through EU Customs Procedures

This article addresses the EC legislation on customs action against goods suspected of infringing intellectual property rights (IPR) and in particular Council regulation (EC) No 1383/2003 of 22 July 2003. Preliminarily, it deals with the impact of counterfeiting activity and the ways counterfeit and pirated goods are usually marketed. Reference is made to the relevant regulations which preceded Regulation 1383/03 and the major amendments brought about by such regulation are dealt with. The analysis shows that (and how) customs authorities gradually year by year acquired more powers and used more incisive tools in order to stop the entry into the Community of counterfeit and pirated products. Finally the author examines five European Court of Justice decisions which interpreted Community legislation on customs actions against products suspected of infringing IPR, and in particular infringement issues relating to non-Community goods in transit through the Community or stored in customs warehouses

File Sharing, Copyright and Freedom of Speech

The article explores the relationship between copyright and freedom of speech in the Internet environment. After highlighting the constitutional dimension of these conflicting rights, the phenomenon of file sharing and the role of Internet Service Providers (ISPs), the author analyzes the debate surrounding a particular sanction used in certain jurisdictions to punish unauthorized on line sharing of copyrighted material, i.e. the disconnection of Internet access. The increasingly important role played by private agreements between copyright holders and ISPs is also highlighted. A set of proposals aiming at identifying possible areas of freedom for unauthorized file sharers are then analyzed. In particular, the author believes that file sharing technologies may boost the exchange of information, opinions and ideas amongst Internet users and foster a number of values underpinning the very protection of free speech. It is for this reason – the author argues - that copyright rules might be relaxed when it comes to file sharing technologies, e.g. by transforming copyright from a “proprietary” to a “compensation” right

Copyright Protection of Street Art and Graffiti under UK Law

This article aims at analyzing to what extent UK copyright law is capable of regulating various forms of art placed in the streets. "Graffiti" and "street art" are the main terms used to define these artistic movements. Particular attention is paid to whether the law is able to accommodate the needs of street and graffiti artists, and give them the right tool to protect their interests (for example, against corporations trying to commercially exploit their artworks). The focus is on selected copyright-related aspects which are relevant to street and graffiti art, namely: (a) requirements for protection; (b) authorship and ownership; (c) tangible embodiment of the work; (d) moral rights (with emphasis on whether the integrity right could be invoked by street and graffiti artists to oppose the destruction and removal of their pieces); (e) freedom of panorama exception; (f) illegal works. The article eventually includes some reflections on whether copyright regimes might be considered unsuitable to govern street and graffiti art because of their sharing-based nature