Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
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Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#2[deleted]
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#3Huh.
The potential non-copyrightability of graffiti I understand but I am failing to understand the anonymous ownership issue. Why he cannot transfer the copyright for the work to a corporation which enforces the copyright? -- it isn't like he needs to register the work before transferring it to the company, the berne convention assures that.
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#4Huh. The potential non-copyrightability of graffiti I understand but I am failing to understand the anonymous ownership issue. Why he cannot transfer the copyright for the work to a corporation which enforces the copyright? -- it isn't like he needs to register the work before transferring it to the company, the berne convention assures that.
Graffitti is copyrightable.
In the US copyrightable works can be copyrighted by an anonymous or pseudononymous creator. There's even a box to check if the creator is anonymous.
https://www.copyright.gov/eco/help-author.html
Perhaps in the EU anonymous works can not be copyrighted?
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#5Huh. The potential non-copyrightability of graffiti I understand but I am failing to understand the anonymous ownership issue. Why he cannot transfer the copyright for the work to a corporation which enforces the copyright? -- it isn't like he needs to register the work before transferring it to the company, the berne convention assures that.
You understand what? Graffiti is copyrightable.
He can’t transfer it because that (in general) must be done in writing and with a signature. Any target of copyright litigation will demand to know who is purported to have assigned copyright, so just putting “Banksy” there won’t hold up. Those are the evidentiary issues.
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#6Huh. The potential non-copyrightability of graffiti I understand but I am failing to understand the anonymous ownership issue. Why he cannot transfer the copyright for the work to a corporation which enforces the copyright? -- it isn't like he needs to register the work before transferring it to the company, the berne convention assures that.
Graffitti is copyrightable. In the US copyrightable works can be copyrighted by an anonymous or pseudononymous creator. There's even a box to check if the creator is anonymous. https://www.copyright.gov/eco/help-author.html Perhaps in the EU anonymous works can not be copyrighted?
They can, but you cannot remain anonymous before a court in Europe.
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#7Eh? Someone else is selling his art.
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#8>> 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 name to be removed from the museum’s shop, but promotional materials using his name were allowed to remain. The judge noted that the documents filed in the proceedings showed a limited use of the Banksy brand.
Banksy should have GPL'd his works. Seriously.
Everyone creating artwork derived from Banksy's works, including merchandise articles, would be required to provide the sources. So if for example an Italian Museum decides to sell flower bomber T-shirts everyone could just use the design files to order at CafePress. This would promote the unrestricted dissemination of his works while putting natural limits on the commercialization by others.
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#9>> 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.
Re: Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law
#10Banksy is a trademark.