Legality of Street Art

Gabriela Sokol

CRIME

Criminal Damage Act 1971• Section 6 of the Criminal Damage Act 1971 provides for offences in relation

to graffiti. Someone caught doing graffiti will be guilty of a criminal act and can be fined up to £5,000 if the damage they have caused is less than £5,000. Alternatively they may be given a community service order rather than a fine which is often the case in relation to young offenders.

• If the cost of the damage is over £5,000 then the case will be referred to the Crown Court which has the scope for tougher sentences.

• Section 6 of the Criminal Damage Act is also used for searches of people’s homes in very serious cases which includes searching computer records. Often it is the case that there will be photographic evidence of the graffiti undertaken by the perpetrator in their own home.

• Currently the Criminal Damage Act does not give stop and search powers meaning that people stopped who have been thought to have been carrying out graffiti cannot be searched for spray cans and such like.

The Clean Neighborhoods and Environment Act 2006

Fixed Penalty Notices • The Anti-Social Behaviour Act 2003 as amended by the Clean

Neighborhoods and Environment Act 2005 gives local authorities the power to issue fixed penalty notice for anyone caught doing graffiti.

• While the individual is subject to the fixed penalty notice no criminal proceedings can be brought against him for 14 days after he has become subject to the notice or if he pays the notice.

• The Clean Neighborhoods Act specifies the usual fixed penalty for this offence to be £75. The local authority is able to specify a higher or lower penalty however if it deems it to be necessary.

• Failure to comply with the fixed penalty notice will result in a criminal sanction.

Legal wallsSome places offer walls for street and graffiti artist to paint on legally. Those places encourage artists to create without breaking the law and damaging the area.

Tape ArtTape art is a form of street art that uses tape to create interesting patterns and images, and is non permanent what makes it legal. Aakash Nihalani was one of the first artist who started using tape to create their artwork.

Art is trashArtist nicknamed Art is trash has been converting garbage into art to create interesting, legal and eco pieces. His work was mainly done in big cities such as London, New York, and his native Barcelona. However the artist could be indicted for littering.

ChalkChalk can also be used as a legal form of creating street art as it is non permanent and rain easily washes it away.

Examples“Street art near Center for Art Law’s Headquarters in DUMBO. The DUMBO Improvement District commissioned this work with studio Sagmeister & Walsh, in partnership with Two Trees Management Co and the NYCDOT Urban Art Program, who collaborated with renowned Japanese illustrator Yuko Shimizu, and hand painted by Coby Kennedy.“

https://itsartlaw.com/category/street-art/

Who owns the street artwork

• Ownership applies when the painting is put on a wall and becomes a part of the property. In street rat artists usually don’t legally own their artwork as it is usually a part of someone else's land. That means the owner of the land has full rights to the artwork, they can remove it, keep or sell it.

Bibliography • https://www.fladgate.com/2013/05/street-art-the-legal-issues

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• https://www.lawgazette.co.uk/practice-points/who-owns-street-art/5051041.article

• http://www.huffingtonpost.co.uk/mary-mccarthy/street-art-legalities_b_4425434.html

• http://www.inbrief.co.uk/offences/graffiti/• http://www.zipcar.com/ziptopia/city-living/temporary-street-

art-changing-the-graffiti-game

• https://itsartlaw.com/category/street-art/ • https://www.theguardian.com/artanddesign/2017/jan/22/bri

stol-street-artists-banksy-city-legal-graffiti-walls-public-art