Eh? Someone else is selling his art.
Nobody stole his million pound painting and sold it.
Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
11–20 of 80 posts
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#12I had two problems.
First, I really didn't like the tone of the card company. They're selling someone else's work (whether legal or not), and then were condescending toward the person who made it. They say they're just trying to honor Banksy, but they paint him as an out-of-touch rich asshole.
Second, it's hard to know for sure, but I think this analysis misses the bigger point... I feel like opening a small shop that isn't real is very Banksy-esque, and likely is more of a statement on trademark than him actually trying to enforce a trademark. This is clearly just an exhibit + marketing. (It's a glass storefront, after all)
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#13>> Having once claimed that copyright is for losers, Banksy has been ramping up his legal position for several months now. At the end of 2018, the artist’s handling service Pest Control took action against an Italian company that organised an exhibition, The Art of Banksy—A Visual Protest, for Milan’s Mudec Museum. >> In February this year, the judge ruled in favour of Banksy’s request for all merchandise bearing his…
You probably mean "Creative Commons", not GPL. GPL is for code. But in either case, both CC and GPL are based on copyright, therefore cannot use.
CC-SA (share-alike) would be in the same spirit and more suitable for artwork I guess, but I'm not very familiar with it.
Why can't he use copyright? I didn't quite follow this line of thinking in the original article as well. As far as I understand it copyright per se is automatic (nowadays), so you don't have to file for it. So this doesn't prevent him from staying anonymous.
Tradmarks on the other hand have to be registered. How does he hide his anonymity in this case?
Now enforcing his rights is a completely different matter. He certainly can't hide his name from the courts then and it might even become public. But in this case there is no difference between a copyright lawsuit and a trademark lawsuit.
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#14Earlier quoted context omitted.
You probably mean "Creative Commons", not GPL. GPL is for code. But in either case, both CC and GPL are based on copyright, therefore cannot use.
CC-SA (share-alike) would be in the same spirit and more suitable for artwork I guess, but I'm not very familiar with it. Why can't he use copyright? I didn't quite follow this line of thinking in the original article as well. As far as I understand it copyright per se is automatic (nowadays), so you don't have to file for it. So this doesn't prevent him from staying anonymous. Tradmarks on the other hand have to be…
The way that I understand it, a trademark can be registered to a CPL (UK equivalent to an LLC) but copyright, if registered, has to go to a person. Although I believe that some states in the US allow anonymous copyright via LLC.
I am far from being a lawyer, but this makes sense to me - a trademark is designed to be associated with a brand, copyright is designed to designate a person/group as something's creator.
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#15Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#16I can kind of get this. He wants to remain anonymous but he doesn't want to see his work on every shonky piece of merch in every dollar store in town.
Both of those seem like reasonable desires. Nobody's disputing that he's the creator after all. It looks to me like copyright law is broken, but I guess parliament won't be rushing to fix it to plug gaps for edge cases involving anonymous street artists.
What surprises me more is that there isn't a wave of faux Banksys flooding the market - sure the artist has a style but it's not absolutely unreproducible. And if, in legal terms, nobody's Banksy doesn't that mean that we're all Banksy?
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#17I can kind of get this. He wants to remain anonymous but he doesn't want to see his work on every shonky piece of merch in every dollar store in town. Both of those seem like reasonable desires. Nobody's disputing that he's the creator after all. It looks to me like copyright law is broken, but I guess parliament won't be rushing to fix it to plug gaps for edge cases involving anonymous street artists. What surprises…
> And if, in legal terms, nobody's Banksy doesn't that mean that we're all Banksy?
Most certainly not, I can barely draw a stick figure.
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#18>> Having once claimed that copyright is for losers, Banksy has been ramping up his legal position for several months now. At the end of 2018, the artist’s handling service Pest Control took action against an Italian company that organised an exhibition, The Art of Banksy—A Visual Protest, for Milan’s Mudec Museum. >> In February this year, the judge ruled in favour of Banksy’s request for all merchandise bearing his…
You probably mean "Creative Commons", not GPL. GPL is for code. But in either case, both CC and GPL are based on copyright, therefore cannot use.
> GPL is for code.
Citation needed. GPL can work for anything.
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#19>> Having once claimed that copyright is for losers, Banksy has been ramping up his legal position for several months now. At the end of 2018, the artist’s handling service Pest Control took action against an Italian company that organised an exhibition, The Art of Banksy—A Visual Protest, for Milan’s Mudec Museum. >> In February this year, the judge ruled in favour of Banksy’s request for all merchandise bearing his…
Maybe AGPL, which would scare more companies?
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#20FYI just another take on Banksy Fake Store
Hacking a Banksy with Bash and Varanid: https://news.ycombinator.com/item?id=21368691