Had Banksy "abandoned" some paint as a grafitto on my wall, and then someone took my wall along with the grafitto, with the intent to petmanently deprive me of it, then yeah, arguably, there's a theft
@Phantom-mk4kp
Ай бұрын
Surely the art on the satellite dish belongs to the owner of the dish, and art on a wall belongs to the owner of the wall
@skellious
Ай бұрын
The dish was put there by banksy as well, apparently.
@vatsmith8759
Ай бұрын
@@skellious Did he have permission from the landowner or is he a litter lout as well as a graffitist?
@Mr-J...
29 күн бұрын
I understand the dish was put there as part of the art, but in theme with your comment, I would see it as an "unsolicited gift" and the property owner it is attached to / painted on is indeed the new owner.
@paulflynn2268
Ай бұрын
I thought I was watching the Fast Show for a minute....
@stick-nezz
Ай бұрын
Ain't life brilliant!😂
@arthurmee
Ай бұрын
The Fast Show . . .one of the best comedy shows in a generation.
@PaxAlotin-j6r
Ай бұрын
_'Suit you Sir'_ 😆
@roathripper
Ай бұрын
Sandra!!!!!!!
@davidconquest2584
Ай бұрын
I thought exactly the same 🤣🤣🤣. Aren't Bansky art pieces greeeaaat!
@ianlaw6410
Ай бұрын
This is the most wonderfully eccentric video ever! Love it. Learned loads.
@artmedialaw
Ай бұрын
I just like to ramble whilst I ramble. But glad you got something out of it!
@peterwillson1355
Ай бұрын
Mind you don't step off the cliff!😂 I envy you that beautiful sea air😢@artmedialaw
@kinorspielmann4649
Ай бұрын
At last a KZitem lawyer who is not a narcissistic exhibitionist on the make!
@Ian-po6gg
Ай бұрын
Well said!
@Garycarlyle
Ай бұрын
Why does he never get knicked for it but young teens get arrested for similar legally all the time?
@edwoodsnowden
Ай бұрын
Wow what a stunning part of the Country! Enjoy!
@All-the-gear-no-idea-uk
Ай бұрын
So a question for you about art and copyright if I take photos of someone's graffiti/artwork who owns the copyright do I have the copyright to the photo which I think I do? Can I sell my Photo as my own work or not? Usually when I've take photos of street graffiti/artwork, I look for their tag must admit. cannot make out what the tags mean but it means something to the artist. Look forward to your answer..
@artmedialaw
Ай бұрын
Had a case where a picture agency threatened client with copyright infringement for using a photo of some artwork. We argued that the photo wasn't sufficiently transformative of the original art so couldn't have its own IP. They did drop the case rather than risk that being tested in court.
@Brightangel55
Ай бұрын
Very interesting. Thank you for the Great Art Explained recommendation. So good I subscribed.
@bk2764
Ай бұрын
I once read somewhere that meetings held whilst walking were more creative and productive. I wonder if that is true of learning the law? It's been working for me so far, and losing a couple of students over the edge might be a small price to pay.
@artmedialaw
Ай бұрын
I do find it easier to remember stuff whilst I'm walking. If I sit still for a video I often lose my thread.
@Happyheretic2308
19 күн бұрын
It's a small, but worthy price 😊
@philcrook5256
Ай бұрын
Could you do a video explaining why Banksy hasn't been prosecuted for vandalism and trespass when other street artists are? Especially in this two tier age.
@PaxAlotin-j6r
Ай бұрын
*Banksy is living proof of how some 'artists' are able to play the Art-world for fools* His work & his _cliche'd_ ideas are frankly third rate trash - but his ability as a marketer is 1st class. Those with the money buy his work - because it makes them feel *_'radical' & edgy_* without losing their wealth
@benholroyd5221
Ай бұрын
Is it third rate trash? I'm not really a fan of 'the art world' but banksy is one of the few artists that actually says something to me. Its better than yet another meditation on 'what is art' Anyway, I'm not sure why your gatekeeping is any more acceptable than the 'art worlds'
@PaxAlotin-j6r
Ай бұрын
@@benholroyd5221 Doesn't that make you a gate-keeper as well ? 😉 I'm happy it gives you meaning - but it doesn't take away from my main point. Banksy art, is a popular item among the super rich & famous; for exactly the reason I stated. Owning his work - makes them feel 'edgy' & 'radical'. Banksy knows this & plays to their vanity. In any other realm - he would be called a cynic - but in the rarefied air of the art-world he is considered a daring artist - whose reputation is based on nothing more than cheap political posturing. He is today's street version of Andy Warhol - Damien Hirst - Jeff Koons. *Good news is -- the dogs bark & the circus will eventually roll on*
@benholroyd5221
Ай бұрын
@@PaxAlotin-j6r you seem to be conflating 2 ideas. If the establishment liked the sex pistols, that wouldn't detract from the music. Yes the establishment might not get it and are trying to be edgy and cool. That is orthogonal to the music they are producing. I remember this conversation when $indieband 'sold out', purely because they got popular. Selling out is producing crap music for the main stream, not happening to be popular.
@PaxAlotin-j6r
Ай бұрын
@@benholroyd5221Conflating ? Nope. The 'establishment' as you put it - never went to their concerts or dressed like them. As far as I am concerned - Visual Art is an entirely different arena. The radicals & bad boys of the past - like Caravaggio lay forgotten until they were 'rediscovered' for reasons that dovetailed with US Propaganda & the Cold War. The use of artists to promote an agenda is as old as the hills. What is new is the commodification of the 'Radical' as a marketable commodity in the Art world. The famous photograph of Che Guevara has been turned into T-shirts - shopping bags - or as part of a 'uniform' - that those _'playing at being revolutionary'_ chose to wear in order to feel like they are important. The only difference is that the rich & well heeled are catered to by Banksy originals. If he were truly 'anti-capitalist' he could make is works ephemeral so that they last only a few hours or days or fall apart - like Andy Goldsworthy. But that's not what he wants. He loves the money & prestige the Art-market gives him - while polishing his credentials as an 'Anti-Art' figure.
@benholroyd5221
Ай бұрын
@@PaxAlotin-j6r "The 'establishment' as you put it - never went to their concerts or dressed like them." No. but if they did. would the sex pistols still be anti establishment? They havent changed anything, theyre still saying and doing the same things. This is my point. another artist, 'ranksy' does the same kind of art work as banksy, but he never got famous. if he gets caught, the police arrest him, is he anti art too? If an artist says a thing. that thing should stand on its own terms, it shouldn't be devalued because of how others treat it. If i smear my own faeces on someones lamborgini to make a point. am I then a sell out when the owner thinks my 'artwork' is amazing and offers me a million quid? or should I remain poor and let him remain rich because that would keep the art 'pure' or whatever?
@TheVigilant109
Ай бұрын
Very interesting and very informative. The scenery is fantastic. Many thanks for the legal explanations and great views
@Garycarlyle
Ай бұрын
I got arrested once for finding a broken TV near some bins. The police said that I didnt do enough checks to see if anybody owned it. So they confiscated it. Was before social media when police used to abuse people with impunity.
@andrewgilbertson5356
Ай бұрын
To my mind it is the same as any graffiti . Owner of wall ect on which it is sprayed is responsible for it. When my wall had very nasty graffiti on it, I was told by police that I had to remove it or cover it up. I’d thought the council should do it using anti graffiti team of people on “ community “ orders.
@_Mentat
Ай бұрын
Interesting legal point. It is an offense "to display" an offensive sign (Sect 5, Public Order Act). But what is "displaying"? Creating the sign is surely displaying. But as owner of the wall are you also "displaying" the sign? What if you refuse anyone permission to remove the sign from your wall - are you then "displaying" it?
@oldplucker1
25 күн бұрын
I have rummaged through my own bin in the past looking for misplaced items that might have gone in the bin. Once I found a £20 note and 3 new missing underpants in there. I was not expecting the £20 note!
@timtam6442
Ай бұрын
Why am I thinking Paul Whitehouse? Brilliant!
@brendanaengenheister5351
Ай бұрын
Nicking the Banksy of the howling wolf may not be a crime but nicking the satellite dish probably was.
@stevop730
Ай бұрын
Another interesting video. The New York graffiti case made me chuckle. Stunning scenery.
@franksmith6637
Ай бұрын
Yep if its on your wall or what ever it becomes your property not to mention the act of criminal damage to your property 😂
@simonvalente2187
Ай бұрын
The best Post I've enjoyed all day (so far).... On many levels. Thank you.
@cloudsingh3147
Ай бұрын
Good evening to you. Superb scenery, yay! The blue is delightful. As is the information - abandoned has no owner. And I wonder of the legal definition of 'abandoned' now. I do know of The Stig but not who he (?) is, similarly Banksy. Ah, life in the cultural backwaters. Thank you. 😊.
@Jono793
Ай бұрын
A BBC headline the other day made me laugh! *Moment Banksy Rhino defaced* - by the guy that put his tag over it. Really? What exactly do we think Banksy did to that wall then? But I guess it doesn't count as graffiti if you're a fancypants guerrilla artist, beloved by the art establishment. 😅
@neilaspin008
20 күн бұрын
That isotopic testing thing is mad! Fake oil paintings can be detected because of nuclear bombs detonated in 1945 because of the fact that isotopes such as strontium-90 and cesium-137 that can be found in oil did not exist in nature previously. If a picture contains these isotopes, it is certainly painted after year 1945
@artmedialaw
20 күн бұрын
One of my friends is an art appraiser and she specialises in one obscure pigment. But they have a database of all sorts of materials, pigments, type of brush hairs, canvases etc and when they were first available in different parts of the world.
@_Mentat
Ай бұрын
_De minimis non curat lex_ isn't used enough.
@alantheinquirer7658
Ай бұрын
In Italy, especially Rome, graffiti is widespread. It started from the days of the Empire where graffiti was used for political campaigning, curses, recommendations, even advertising for services. The 'creators' knew it was temporary and might have to recreate it. Fast forward and even though it's more in paint rather than charcoal or chalk, the casual visitor might be astounded by the amount of graffiti that is seen. Most of it is just 'tagging' but there are political slogans, poetry, etc. and some is really good artwork. I found it useful to navigate by. The biggest thing to realise is that NONE of it is daubed on their ancient architecture or historic buildings. The artists respect that value.
@edwoodsnowden
Ай бұрын
There is a great UK channel about Dumpster Diving! He indeed got stopped by the Police, someone reported him but tbh they have better things to do and nothing came of it :)
@Liberty_Freedom_Brotherhood
Ай бұрын
What’s the channel name?
@BlackBeltBarrister
Ай бұрын
🥇😆
@roberthuntley1090
Ай бұрын
OFF TOPIC - Could you please comment on UK law as it applies to the Disney+ case ongoing in the USA. In short, a wife died due to food allergy at a Disney theme park (allegedly because the waiter stated that the food was safe). Disney is claiming that the husband's compensation case should be dealt with 'out of court', because that was mandated by the terms and conditions in a Disney+ free trial (which has long since expired) once taken out. Would a lifetime ban on taking any Disney group company to court like that stand in the UK?
@martyndawson7484
Ай бұрын
If you have such potentially lethal dietary requirements, you should not dine out. Your safety is your responsibility.
@anjou6497
Ай бұрын
I greatly appreciate Banksy and his art/message. But...if someone painted a giant gorilla on my wall overnight i would have my hackles out. If i own that wall . Banksy doesn't work with the owner's property, he just does it, to the delight of the public which i understand. However, Banksy tends to choose places thst cant cause a danger to anyone e.g: the phone boxes under that bridge which i found hilarious. He is expressing those rights but unfortunately, it can encourage extremely untalented plonkers painting anyone's property at any time. All the way to the Supreme Court in the USA is ludicrous. They are as corrupt as a monk in a nunnery. 😖☕
@m3gthraeryn
Ай бұрын
Hi Al, really interesting! Thanks! Fab view too!
@TracyB-r8k
Ай бұрын
Really enjoyed this thank you 👍
@cornebod
Ай бұрын
No need to steal anything, just great it yourself and claim it to be a Banksy. It's not like the artist will expose themselves by going public to refute the claim🤫
@MrQ-tx1nb
Ай бұрын
The ministry of defence is aware of these failures which put soldiers and public at risk of harm or death no action taken towards Capt Wilmont but instead promoted him exposing the corruption with the MOD #SafetyFirst #Whistleblower
@pelinoregeryon6593
Ай бұрын
The thing it's on inevitably belongs to someone, ergo you can't 'nick it's without stealing that individuals or organisations property, whatever other factors there may be that will always be true, simple as that.
@2handsandwiches
Ай бұрын
Two tier policing again, if they know who he is he should be prosecuted for vandalism.
@dh2032
Ай бұрын
an imtresting not covered, with most new banksy's, the a lot more interacting with their environment? than your normal Banksy, of just wall, the wolf howling moon, painted on a satellite dish, with moon shaped dish loses a lot of if contects, the same the rhino climbing over the car, with the can once more there no context, would rhino standing on its back legs? even the mountain goat struggle with little out crop on the wall, it painted on? some back to my question, where does art begin, and stop, what just building it so happen to painted as in the case? sculpture or something a lot building have with very ornate out sides of carved stones etc.
@mattylad8035
Ай бұрын
Your always walking on those cliffs, are you lost? do you not have a home to go to any more? :) :) Great info, thanks for sharing.
@taniagodwin2138
Ай бұрын
Magnificent view, utterly stunning ❤
@Smee86
Ай бұрын
Is Guerilla art Aboriginal dot art?
@paxundpeace9970
Ай бұрын
The art belongs to the artist but banksy gives it away. Then it goes to the owner of the canvas or the wall or garage.
@RhiannonRaven
Ай бұрын
I think we are all missing the real point here; Banksy should be prosecuted for littering and criminal damage.
@2handsandwiches
Ай бұрын
Exactly, two tier policing again.
@_Mentat
Ай бұрын
@@2handsandwiches Indeed, he is well-known for being a socialist.
@Smee86
Ай бұрын
Is that path for Rangers to drive on? Or is it for anybody to? 9:17
@FlyingSpaghettiMonster2000
Ай бұрын
We never got the video of the legacy of nazi looted art???
@Smee86
Ай бұрын
9:21 Far-out 😮 is that a crack or is it a old ship working site?
@beckymurray80
Ай бұрын
Get the ole lungs going!
@artmedialaw
Ай бұрын
Shooting two vids on the trot after a very long walk was possibly pushing it a bit!
@matbritton6816
Ай бұрын
It's meant to belong to everybody. Someone claiming it's thiers to profit from is like someone cutting down rainforests.
@DJWESG1
Ай бұрын
the council owns our rubbish as soon as its placed into one of their bins, and its all protected by consumer rights legislation through your local council on behalf of large multi billion pound companies who take dibs on all the resources. they earn billions while you receive threats of fines or worse to keep you in check.
@richardthomas7103
Ай бұрын
He’s called robin guningham
@pauljohnson4590
Ай бұрын
I'm sure I read somewhere that National Trust have a ban on capturing images on their property. Clearly everyone does. the advice is contradictory - Taking photographs or filming for private, non-commercial use is welcome at most of the places in our care. This means that any photographs or footage taken must not be used to earn money, promote business or given to photography libraries or agencies. then it says you are ok to take pictures outdoors, not indoors, but do the conditions in the first paragraph count??
@greebo6549
Ай бұрын
Surely it belongs to whoever owns the ‘canvas’ … simple
@Mr-J...
29 күн бұрын
Thinking about what was said about the certificate of authenticity only being issued 2 years after. If the sattelite dish taker comes back and asks for a certificate, proving he does indeed have the original artwork. Are "painting on walls" obligated to provide one? They may not want to for obvious reasons, but can they be compelled?
@artmedialaw
29 күн бұрын
No, because they would have no contractual right to the certificate.
@flyerphil7708
Ай бұрын
Painting animals is wrong, hillarious😂.
@Happyheretic2308
19 күн бұрын
Street artist = Graffiti vandal.
@davidpickard9393
Ай бұрын
When was graffiti a legal activity
@snowflakemelter1172
Ай бұрын
I was a full time bin diver of industrial and retail bins, to my knowledge everything in the bin belonged to the bin contractor, in any case the reality is that no one wants anything they have thrown away and i never got into trouble .
@artmedialaw
Ай бұрын
I'm a big fan of Freecycling.
@peterwillson1355
Ай бұрын
Is he flytipping ?
@alexgreen1767
Ай бұрын
Are you black belt Barbies dad?
@jodievukmir3187
Ай бұрын
Why would someone destroy a Bansky!
@John-c4r1o
Ай бұрын
Because he's a fraud. Basically cloned the French artist 'Le Rat'. Needs to be locked up like other graffiti criminals.
@yorkiemike
Ай бұрын
@@John-c4r1o steady on, pillock
@susanalderson8267
Ай бұрын
Why hasn't he been arrested? He's a criminal not an artist & his childish scribbling isn't art.
@yorkiemike
Ай бұрын
@@susanalderson8267 in your opinion
@ConstantiaVerted
Ай бұрын
What I thought was funny was someone graffiti'ed on his graffiti and people said that was a terrible thing to do :) Even Banksy wouldn't have a problem with that.
@stevenmackay3342
Ай бұрын
What about children? When parents seperate and lets say Parent A becomes homeless, if Parent B still has the children 50% (or more) of the time; but Parent A claims the child benefits (while applying for homelessness) does the local authority rrefard the children as abandoned?
@mancroft
Ай бұрын
Have just been watching"The Rise and Fall of 18th Century Smugglers | Our History" which you might find interesting.
@artmedialaw
Ай бұрын
Ooh yes. Do you have a link?
@John-c4r1o
Ай бұрын
No you can't just graffiti over a banksy to your delight because these images are already on privately owned property. Basically graffiti is a criminal act. I'd even go further and say the owner of the building accepts the initial graffiti as sufficient consideration for damages caused and thus has ownership of the 'art'. Any subsequent damage by anyone else is open to full financial damages. In the country I grew up in, anything connected to the fabric of a building immediately became whole with the building which precluded any creditor simply removing it without going through legal proceedings against the title. I think more thought has to be placed on the issue of the rights of freeholders/landholders rather than 'art'.
@Iain1957
Ай бұрын
What about abandoned ships and wreck? Though abandoned the owners still seem to retain title even after 100 years.
@JamesKerr-z4o
Ай бұрын
Very interesting, thank you.
@ANGELROB_YT
Ай бұрын
You so need to talk about A.I at some point because that brings up similar issues especially scraping the internet is that legal or illegal is that stealing or not I say it isn't it depends if it's protected in law if it's a right in law that people can do that like gathering for educational reasons or other version of the law across the world
@waerlogauk
Ай бұрын
If you paint on a wall I would have thought it was a debatable point as to whether it was abandoned or given to the owner of the wall.
@richardfinlayson1524
Ай бұрын
graffiti is usually on stuff so to steal it you need to steal what it has been painted on.
@occupier123
Ай бұрын
Can you please explain the Bill of Rights?
@Jono793
Ай бұрын
Glad you brought up the 5 Points case. I remember Leonard French covering it a few years ago. There was actually a bit more to it than that. The owner of the building not only destroyed the artworks. He destroyed the artworks in express violation of a court-ordered injunction, while the case was being adjudicated. If I remember right, he apparently stood on-site behind a bunch of workmen, shouting encouragements while they whitewashed over everything! That was why he got such a massive judgement against him. Because of his willful wrongdoing, the court awarded the maximum statutory damages against him, for each artwork destroyed. Adding up to the $6.7M
@artmedialaw
Ай бұрын
Yeah. We were all bewildered by that!
@nnivo
Ай бұрын
When does the transition from criminal damage and trespass to "street art" happen?
@artmedialaw
Ай бұрын
When the council reckon they can get more for selling pictures of it than the cost of cleaning it off?
@ANGELROB_YT
Ай бұрын
That tends to only happen if they're cooled on camera doing criminal damage in something like a protest and that's when the public freak out and think put them in jail but most of the other artwork is real artwork and it's done in the way spoke about in this video someone pretended to be part of the council or something in a vest paints it on no police about and just leaves the person will never be found or charged either if they could technically be charged leaving you with your rights and what you can do about these things If you spray over one of his paintings it probably could be criminal damage if the council wants that and you are court on camera But then how long will you actually get there was that whole 10 years things for damaging statues longer than some criminals probably get not happening in reality But you can't destroy stuff if it's on your property that's safe
@bobfry5267
Ай бұрын
Marine law is somewhat different of course. Below high water mark fascinating distinctions are made on property abandonment.
@artmedialaw
Ай бұрын
That would be a great topic for a vid; especially as down here it's the Duchy who own it. But also the question of, do you still own your house when it collapses into the sea? (To save you time: No)
@taniagodwin2138
Ай бұрын
I'm ex BBC World Service and years ago a piece was done by a Ukrainian Producer on the rise of Graffiti Art, across Europe, which she found so interesting because under an incredibly strict regime, people will always find an outlet to express. Belfast is another example. Banksy is an Expression Hero.
@artmedialaw
Ай бұрын
There's a drummer I like, 'Baby' Sommer. He has some amazing tales of growing up behind the Wall. Hence how he got into jazz and avant garde. It was so subversive.
@taniagodwin2138
Ай бұрын
@@artmedialaw Gunter helped lead the way to 'Acceptable behaviour, Not Acceptable behaviour ', we all know what is morally right, however some people forego that in order to survive. It took, and takes a lot of guts for the Gunters and Banksy's of our Great Orb, to keep doing what they do, because it is a question of societal morality, without government nor religion. It's called Freedom of Expression.
@LindaPow
Ай бұрын
Can you steal a crown?
@123slowdown
Ай бұрын
Does it depend on the crown?
@jamesturner6979
Ай бұрын
Banksy is overrated.
@gordonwilson1631
Ай бұрын
The Banksy exhibition in Glasgow was amazing.
@Synistercrayon
Ай бұрын
Overrated crap
@234cheech
Ай бұрын
no its theving
@Smee86
Ай бұрын
12:05 the sea gulls just said "we designed this for Kristal" it is absolutely beautiful sea gulls. People will love it and take heaps of pictures📱 🖼️ . 🤩😎🆒🫡🪨⛰️🪺🪹💫🪶🕊️🪽🦤🐋🐳🦭
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