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Protecting Artistic Vandalism: Graffiti and Copyright Law (2013)

Celia Lerman, Protecting Artistic Vandalism: Graffiti and Copyright Law, 2 N.Y.U. J. INTELL. PROP. & ENT. L. 295, 295 (2013)(online link)

Introduction

Does copyright law protect graffiti? This is a question of growing importance in today’s art scene. Books, CD’s, t-shirts and other items featuring graffiti images are often released without permission from the original graffiti artists. For a recent example, take the graffiti exhibition mounted in a Buenos Aires art gallery by Peruvian artist José Carlos Martinat. Martinat’s exhibition consisted of appropriated pieces of graffiti that he had carefully removed, without permission, from the walls of private properties in Buenos Aires. Martinat also offered these pieces for sale. Local graffiti artists reacted furiously to this exhibition and collectively destroyed all of their graffiti pieces in situ during the gallery’s opening night. Examples like this lead us to wonder if graffiti artists could receive any protection under copyright law.

At least some pieces of graffiti are suitable for copyright protection, insofar as they are original works, fixed in a tangible medium of expression. Still, why should we protect expressions created by an illegal act (painting a third party’s property without her permission)? Should the law help graffiti artists to benefit from their transgressions? Moreover, if the primary purpose of copyright is to incentivize the creation of valuable creative works, should we protect and promote illegal art?

Just sayin...

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Putin torches peace (art: Rebel Bear, UK)

The Spectacle shone brightly yesterday in the White House.... but Rebel Bear shows where the real fire is! Follow the street art to see where the breadcrumbs lead: Stencil Archive searches for Putin and Ukraine.

Sunday Musk Slug-fest

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Salting the oligarch in Baltimore (ph ryansc0tt)

While uploading fresh stencil photos today, we realized that a stack of anti-Musk pics recently came to Stencil Archive from several different ways:

A Field Guide to Wheatpasting from CrimethInc

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Go small or large, creative or message-based. Wheatpasting is messy,  but also a great way to repeat your work, stencil-made or not.

A Field Guide to Wheatpasting

Everything You Need to Know to Blanket the World in Posters
2017-07-18
(Original Link with pdf poster, diagrams, images)

Like graffiti, wheatpasting is a direct action technique for communicating with your neighbors and redecorating your environment. Because it’s easy to mass-produce posters, wheatpasting enables you to deploy a nuanced, complex message at a large number of locations with minimal effort and risk. Repetition makes your message familiar to everyone and increases the chances that others will think it over. If you’re looking for posters to paste up, we offer a wide selection of poster designs to print out or order in bulk.

This is excerpted from our book, Recipes for Disaster, which details a wealth of related tactics.

Neanderthal Hand Stencils Dated in Spain

Neanderthals created hand stencil rock art over 66,000 years ago, U-series dating reveals
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Dario Radley
(Link)

A discovery in Maltravieso Cave, located in Extremadura, Spain, has fundamentally challenged long-held beliefs about the origins of human artistic expression.

Neanderthals created hand stencil rock art over 66,000 years ago, U-series dating reveals

Researchers have determined that hand stencils in the cave date back over 66,000 years, suggesting that Neanderthals, rather than modern humans, were the world’s first artists. This revelation highlights the advanced cognitive and cultural capabilities of Neanderthals.

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Panel GS I and sample locations for MAL6 and MAL7. The left picture shows the original photo, the right is the same picture after application of DStretch (correlation LDS 15 %). Credit: C. D., Standish et al., Journal of Archaeological Science, Reports (2025)

The research, conducted by an international team of archaeologists from the University of Southampton and collaborating institutions in Great Britain and Spain, utilized uranium-thorium (U-series) dating to establish the age of the artwork. Their findings, published in the Journal of Archaeological Science: Reports, confirm that these hand stencils are among the earliest known examples of intentionally created visual art.