《保护街头艺术:街头艺术和涂鸦版权指南》,作者:Enrico Bonadio。斯德哥尔摩:文件标志

IF 0.5 4区 社会学 0 HUMANITIES, MULTIDISCIPLINARY JOURNAL OF ARTS MANAGEMENT LAW AND SOCIETY Pub Date : 2021-08-31 DOI:10.1080/10632921.2021.1951416
C. Vaughan
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Enrico Bonadio is an attorney and lectures on intellectual property law. Following The Cambridge Handbook of Copyright in Street Art and Graffiti (Bonadito 2019), this is a distilled, straightforward and more accessible guide to some of the key issues, paradoxes, and the limited but growing case law in the area of graffiti and street art and copyright. Throughout, the corporate co-opting of the form by the fashion, food and tourist industries is acknowledged. No longer a simple act of illegality, street art has become the visual sign of gentrification. While artists have been recognized as a tool of gentrification (Rich 2019), the graffiti writers and street artists attack on the urban space positions them as the unwitting shock troops of gentrification (Andron 2018). Shock troops by definition take heavy losses and the value of this text is the clarity it offers the often-precarious creators to navigate the legalities of their practice to defend their often-vulnerable work. As an art form clouded by legal opacity, the mechanics of remuneration, reproduction and preservation all raise the specter of copyright. Bonadio bypasses the usual extended deliberation on the esthetic distinctions between graffiti and street art. Instead, they are considered together, as under his lens of copyright this is deemed an insignificant distinction. Also overlooked is the potential costs of considering graffiti and street art in terms of copyright. Copyright can be seen to symbolize the end of the form and its cool status insofar as it heralds a final commodification and institutionalization antithetical to its history. For a deeper discussion on the relationship of graffiti and the law, it is worth considering the recent literature in this area (Iljadica 2016; Baldini 2018 and Bonadio’s aforementioned edited volume). This a short jargon-free, image rich, introduction and the key concepts are illustrated with accessible examples that will be of particular interest to writers and artists. Where originality is a criterion for copyright, considerations such as quality, anti-establishment content or external placement are no barriers. Bonadio explains, “Street artists and writers can, if they so wish, rely on copyright to protect their art—no matter where it is placed” (13). What then of illegal work? Bonadio is less definitive. In principle, illegality does not, he believes, void copyright protection but this is a “grey area” and difficult to gauge as writers and artists alike risk exposure in the attempt to enforce copyright protection. Likewise, Bonadio is clear that ephemerality is no obstacle to copyright protection. 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引用次数: 0

摘要

令人印象深刻的是,在过去50年的大部分时间里,涂鸦一直是一种很酷的美学。这是一种一致性的时尚能力,只有太阳镜才能更好。鉴于涂鸦在全球的流行程度、商业用途和机构接受程度,再加上其法律地位的模糊性,涂鸦和版权的问题应该会吸引任何对当今流行文化的政治、经济和实践感兴趣的人。版权最初可能看起来与涂鸦作家的理想化精神相矛盾,他们显然是在为政治转型服务时将自己的作品“赠送”给民众(Riggle 2010)。然而,作为一个关键框架,它允许我们从法律的角度来考虑这种写作和图像制作发生了什么。恩里科·博纳迪奥是一名律师,讲授知识产权法。继《剑桥街头艺术和涂鸦版权手册》(Bonadito 2019)之后,这是一本简明易懂的指南,介绍了涂鸦、街头艺术和版权领域的一些关键问题、悖论以及有限但不断增长的判例法。在整个过程中,时尚、食品和旅游行业对这种形式的企业选择得到了认可。街头艺术不再是一种简单的违法行为,它已成为中产阶级化的视觉标志。虽然艺术家被认为是中产阶级化的工具(Rich 2019),但涂鸦作家和街头艺术家对城市空间的攻击使他们不知情地成为中产阶级化的突击部队(Andron 2018)。从定义上讲,突击部队损失惨重,而本文的价值在于,它为经常不稳定的创作者提供了清晰的思路,让他们能够在自己的做法中找到合法性,捍卫自己经常脆弱的作品。作为一种被法律不透明笼罩的艺术形式,报酬、复制和保存机制都引发了版权的幽灵。博纳迪奥绕过了通常对涂鸦和街头艺术之间美学区别的延伸思考。相反,它们被放在一起考虑,因为在他的版权视角下,这被认为是一个微不足道的区别。同样被忽视的是在版权方面考虑涂鸦和街头艺术的潜在成本。版权可以被看作是这种形式的终结和它的冷峻状态的象征,因为它预示着与它的历史相对立的最终商品化和制度化。为了更深入地讨论涂鸦与法律的关系,值得考虑这一领域的最新文献(iljadiica 2016;Baldini 2018和Bonadio前面提到的编辑卷)。这是一个简短的、没有行话的、图片丰富的介绍和关键概念,用易于理解的例子来说明,这将是作家和艺术家特别感兴趣的。如果原创性是版权的标准,那么诸如质量、反主流内容或外部放置等因素就不会成为障碍。Bonadio解释说,“街头艺术家和作家可以,如果他们愿意,依靠版权来保护他们的艺术——无论它们被放置在哪里”(13)。那么非法工作呢?博纳迪奥则没有那么明确。他认为,原则上,非法行为并不会使版权保护无效,但这是一个“灰色地带”,很难衡量,因为作家和艺术家都在试图执行版权保护时冒着暴露的风险。同样,Bonadio很清楚,短暂性不会成为版权保护的障碍。与
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Protecting Art in the Street: A Guide to Copyright in Street Art and Graffiti, by Enrico Bonadio. Stockholm: Dokument Forlag
Graffiti has impressively remained a cool esthetic for the best part of fifty years. This is a consistency in fashion-ability only bettered by sunglasses. Given the global popularity, commercial use and institutional acceptance coupled with the ambiguity of its legal status, the question of graffiti and copyright is one that should attract anyone with an interest in the politics, economics and practise of popular and everyday culture today. Copyright at first may appear to be a contradiction to an idealized spirit of the graffiti writer apparently ‘gifting’ their work to the demos in the service of political transformation (Riggle 2010). However, as a critical frame it allows us to consider, from a legal perspective, what happens to this writing and image making. Enrico Bonadio is an attorney and lectures on intellectual property law. Following The Cambridge Handbook of Copyright in Street Art and Graffiti (Bonadito 2019), this is a distilled, straightforward and more accessible guide to some of the key issues, paradoxes, and the limited but growing case law in the area of graffiti and street art and copyright. Throughout, the corporate co-opting of the form by the fashion, food and tourist industries is acknowledged. No longer a simple act of illegality, street art has become the visual sign of gentrification. While artists have been recognized as a tool of gentrification (Rich 2019), the graffiti writers and street artists attack on the urban space positions them as the unwitting shock troops of gentrification (Andron 2018). Shock troops by definition take heavy losses and the value of this text is the clarity it offers the often-precarious creators to navigate the legalities of their practice to defend their often-vulnerable work. As an art form clouded by legal opacity, the mechanics of remuneration, reproduction and preservation all raise the specter of copyright. Bonadio bypasses the usual extended deliberation on the esthetic distinctions between graffiti and street art. Instead, they are considered together, as under his lens of copyright this is deemed an insignificant distinction. Also overlooked is the potential costs of considering graffiti and street art in terms of copyright. Copyright can be seen to symbolize the end of the form and its cool status insofar as it heralds a final commodification and institutionalization antithetical to its history. For a deeper discussion on the relationship of graffiti and the law, it is worth considering the recent literature in this area (Iljadica 2016; Baldini 2018 and Bonadio’s aforementioned edited volume). This a short jargon-free, image rich, introduction and the key concepts are illustrated with accessible examples that will be of particular interest to writers and artists. Where originality is a criterion for copyright, considerations such as quality, anti-establishment content or external placement are no barriers. Bonadio explains, “Street artists and writers can, if they so wish, rely on copyright to protect their art—no matter where it is placed” (13). What then of illegal work? Bonadio is less definitive. In principle, illegality does not, he believes, void copyright protection but this is a “grey area” and difficult to gauge as writers and artists alike risk exposure in the attempt to enforce copyright protection. Likewise, Bonadio is clear that ephemerality is no obstacle to copyright protection. With
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JOURNAL OF ARTS MANAGEMENT LAW AND SOCIETY
JOURNAL OF ARTS MANAGEMENT LAW AND SOCIETY HUMANITIES, MULTIDISCIPLINARY-
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1.50
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33
期刊介绍: How will technology change the arts world? Who owns what in the information age? How will museums survive in the future? The Journal of Arts Management, Law, and Society has supplied answers to these kinds of questions for more than twenty-five years, becoming the authoritative resource for arts policymakers and analysts, sociologists, arts and cultural administrators, educators, trustees, artists, lawyers, and citizens concerned with the performing, visual, and media arts, as well as cultural affairs. Articles, commentaries, and reviews of publications address marketing, intellectual property, arts policy, arts law, governance, and cultural production and dissemination, always from a variety of philosophical, disciplinary, and national and international perspectives.
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