Used under a Creative Commons Licence
When the Wet Paint is Protected by Copyright
Street art has long been celebrated for its vibrancy and ability to transform urban landscapes, but its rise to mainstream popularity has also brought complex legal questions. Can something as fleeting as graffiti be protected by copyright? What happens when big brands use street art in their advertising without proper consent? In this blog, we explore the relationship between street art and copyright law in Australia, discuss real-world examples, and offer practical legal tips.
Street Art and Copyright: The Basics
Under Australian copyright law, as outlined in the Copyright Act 1968 (Cth), original works of artistic expression are automatically protected once created and recorded in a material form. Street art, whether painted on a wall or a canvas, qualifies as an “artistic work” under this framework. This means that, even if a street artist doesn’t formally register their work, they hold copyright as soon as the paint dries.
However, the legality of street art itself can complicate matters. If the art is created without permission on public or private property, it raises questions: Should illegal art still enjoy copyright protection? While Australian courts haven’t yet directly ruled on this, international cases suggest that copyright protection exists regardless of the legality of the artwork’s placement.
Real-World Examples of Brands Leveraging Street Art
Many brands have tapped into street art’s appeal to reach younger, urban audiences. Some of these projects are collaborative, while others have resulted in legal battles:
1. Coca-Cola
Coca-Cola has incorporated mural advertising globally, collaborating with local artists to create vibrant artworks. These murals blend the brand’s iconic imagery with urban aesthetics, helping the brand connect with communities in creative ways.
2. Nike
Nike is no stranger to street art, famously transforming a basketball court in Beijing with graffiti-inspired designs during the 2008 Olympics. By aligning their campaigns with urban culture, Nike reinforces their connection to sports and youthful creativity.
3. Maybelline
In Australia, Maybelline collaborated with female street artists for its “Breaking Taboos with Maybelline” campaign. This initiative supported local talent while establishing the brand’s modern and progressive identity.
4. Heineken
Heineken has sponsored urban art festivals, inviting graffiti artists to design murals inspired by their brand. These events position Heineken as a supporter of creativity while beautifying public spaces.
5. Legal Challenges
Not all brand-street artist interactions are positive. H&M and General Motors faced backlash for using street art in campaigns without the artists’ consent, leading to legal disputes. These cases highlight the importance of seeking permission and providing fair compensation.
When Brands Misstep: Legal Implications
Street artists are increasingly vigilant about protecting their copyright. If a brand uses graffiti or mural art in promotional materials without permission, they risk breaching copyright laws, which can lead to:
- Injunctions: Court orders to stop using the art in advertising.
- Damages: Monetary compensation for unauthorised use.
- Reputational Harm: Public backlash for failing to respect artists’ rights.
Practical Legal Tips
If you’re a business or brand looking to use street art in your marketing, or if you’re a street artist seeking to protect your work, here are some tips:
For Brands:
- Seek Permission: Always approach the artist and negotiate a licensing agreement.
- Draft Clear Contracts: Ensure the terms of use, including scope and duration, are documented in writing.
- Avoid Assumptions: Just because artwork is in a public space doesn’t mean it’s free to use.
For Artists:
- Document Your Work: Take photos or videos as soon as the piece is completed to prove authorship.
- Register Your Work: While copyright is automatic, registering with a copyright registry strengthens your claim.
- Seek Legal Advice: If your work is used without permission, consult a lawyer to explore your options.
Why Choose Sharon Givoni Consulting?
Navigating the intersection of street art and copyright law can be complex. With years of experience in intellectual property law, Sharon Givoni Consulting is uniquely positioned to assist both artists and businesses. Whether you need help drafting contracts, protecting your work, or resolving disputes, we offer practical, plain-English legal advice tailored to your needs.
As Sharon recently explored in her article for Lexis Nexis’s Inhouse Counsel Newsletter, the legal landscape surrounding street art is evolving. We can guide you through the intricacies, ensuring you stay compliant while fostering creativity.
Conclusion
Street art may appear fleeting, but its cultural and legal significance is anything but. Brands that respect and compensate artists can benefit from the vibrancy and authenticity street art brings to campaigns. Artists, on the other hand, must be proactive in protecting their rights. By understanding copyright law and working collaboratively, both sides can celebrate and benefit from this dynamic art form.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.