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Banksy lost a lawsuit for the rights to use one of the works

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British artist Banksy does not have the right to his work because he prefers anonymity – informed the European Union Intellectual Property Office. There is a decision and a question whether this will open the door for those who would like to use the works of the famous street artist. Material of the magazine “Polska i Świat”.

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Dr. Katarzyna Kasia from the Academy of Fine Arts in Warsaw and co-host of the “Contact Glass” program on TVN24 says that “the question is who is more important: art or artist?”. EU law deals with such questions quite quickly and unequivocally. The famous British artist Banksy has just lost a lawsuit for the rights to use one of his works.

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The case was settled by the EU Intellectual Property Office. – He could not make a different decision – emphasizes Agnieszka Wiercińska-Krużewska, an intellectual property specialist. According to the office, if someone, like Banksy, conceals their identity, they automatically give up certain rights. And if he doesn’t cash his trademarks, someone else might.

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Banksy’s mural in BethlehemPiotr Nowak / PAP

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– Copyright protects individual creativity. At the moment when we cannot say who it is, because this person is hiding, and only “Banksy” is signed everywhere, we cannot grant such someone legal and copyright protection – explains Agnieszka Wiercińska-Krużewska.

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The dispute concerned a sketch that Banksy painted on a wall in Bethlehem 15 years ago. There was a company that quickly began to copy it on greeting cards. The artist’s lawyers managed to reserve the right to use the work, but after a two-year dispute, the decision was withdrawn.

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Banksy’s works are popular all over the worldinstagram.com/banksy

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“Banksy decides to remain anonymous, and his works are mostly graffiti painted on someone else’s property without the prior consent of the owners, not works painted on canvases or the walls of his own property” – explains the EU office.

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But such rigid rules are difficult to adapt to an artist who creates in the streets and opposes commercialism in art from the very beginning. – This is a complete discussion, because in fact this work is about war, it is about the need for peace in the Middle East, and not how much an artist can earn from it, and how much someone who will reproduce it on it can earn. cups or T-shirts – points out Dr. Katarzyna Kasia.

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Art critic Łukasz Radwan believes that “Banksy has every right to be anonymous”. – But on the market it is troublesome. In my opinion, this should not be the case. But my law, Banksy’s own – he adds.

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The EU office notes that Banksy decides to remain anonymousReuters

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“A trademark was used to inhibit access to creativity”

The British has already tried to fight against unlawful earnings on his work. He opened a shop without doors in London. Selected works could be purchased online. But what was on the offer, according to the judges, did not serve to “commercialize the goods”, but only circumvented the law, and this also influenced the decision to take away the artist’s rights to work.

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– A trademark was used not to mark products. Not to sell services or goods, but to inhibit access to this work, says the copyright and intellectual property expert, Dr. Bogdan Fischer.

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It is not known whether one losing trial will not encourage others who would like to earn money from Banksy’s work with impunity. The easiest way for the artist himself would be to reveal himself and take advantage of the full copyright, but it seems that this is not really British style.

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– I think that Banksy’s answer will be artistic – says Dr. Katarzyna Kasia. – I am convinced that he will find a way to say about his objection in such a way that we will all be hit by it, and officials will not know what to do with something like this – he adds.

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photo-source">Main photo source: Reuters

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