Banksy Graffiti the Subject of Theft?

In May 2012, the notorious English street artist known as “Banksy” created a mural on an exterior wall in the London borough of Haringey. The work, known as “Slave Labour,” depicts a dispirited boy hunched over a sewing machine, using it to string together Union Jacks. Since its creation the work had become a popular focal point in the community. Recently, local residents were surprised to find that Slave Labour had vanished. Soon after, it transpired that the work had been ripped out of the wall and shipped to Miami, where it was to be sold in an auction. However, as a result of public pressure, the work was withdrawn from the auction at the last minute, but not before it received a starting bid of US$400,000. The removal of Slave Labour has caused many to consider whether Banksy actually owns the works he creates and whether he can stop others from removing or relocating his pieces. In the case of Slave Labour, common law legal principles suggest that the work belongs to the owner of the property on which the work was imprinted and not to Banksy. The wall in question is apparently owned by Wood Green Investments. It is unlikely that a court would hold that Banksy is the owner of Slave Labour because the artist held no rights in the property on which Slave Labour was imprinted and, in creating the work, he was defacing private property without consent of the property owner, presumably an illegal act. In Canada, such activity falls under the prohibition against mischief found in section 430 of the Criminal Code RSC, 1985, c C-46. Although he may not be the owner, it is possible that Banksy may still hold certain rights in the work known as “moral rights”, allowing the author of a work to protect its integrity. Integrity in this context has a broad meaning and could have allowed Banksy to halt the removal of his work had the artist asserted these rights. In Canada, moral rights are enshrined in section 14 of the Copyright Act RSC, 1985, c C-42. For more commentary, visit: http://tinyurl.com/cm7mfh8; and http://masslawlib.blogspot.ca Summary by: Thomas Wong