Banksy Copyright© & Trademark™

[Jeezuz Jones Snr]

www.smh.com.au/culture/art-and-design/banksy-launches-legal-bid-to-stop-famous-works-from-being-copied-in-australia-20210621-p582ur.html?btis

[stillborncrisps]

He's trying to avoid using copyright laws so he doesn't reveal himself, but brands who have no single creator manage to copyright their work? How does that work and why can't Banksy do that? Eg a design or pattern on a Diesel t-shirt would be copyrighted (not just the trademarked D logo) but it could have been created by any number of designers? One person doesn't hold the copyright?

[toshspice]

Same story here, (but without having to turn off ad blocker as demanded by the melts at the Daily Mail)

Does seem odd that Banksy's claiming trademark and not copyright which would be much easier to prove and prosecute.

news.artnet.com/art-world/banksy-stripped-two-more-copyrights-1981839?utm_content=from_www.artnet.com&utm_source=Sailthru&utm_medium=email&utm_campaign=EU%2022%20June%20AM&utm_term=EUR%20Daily%20Newsletter%20%5BMORNING%5D

[irl1]

Banksy trademarks two of his best known artworks in Australia

Successful legal bid to trademark Love is in the Air and Girl with Balloon comes after a similar move in Europe failed



www.theguardian.com/artanddesign/2021/jun/23/banksy-trademarks-two-of-his-best-known-artworks-in-australia

[irl1]

The street artist Banksy has successfully trademarked two of his most famous artworks in Australia, in an attempt to stop them being copied and sold.

The secretive artist applied for the trademarks via a law firm based in Perth, and although the tactic ultimately failed in Europe, the Australian applications were successful and will be registered next week.

[Daniel Silk]

But what’s the purpose of registering them as trademarks?

He doesn’t use use the images himself and he doesn’t want others to use them?

[irl1]

Jun 28, 2021 3:01:11 GMT 1 Daniel Silk said:

But what’s the purpose of registering them as trademarks?

He doesn’t use use the images himself and he doesn’t want others to use them?

How many millions are made each year on Banksy fake art. 

More to the point, how many people are fooled with Banksy fake art

[Daniel Silk]

Do you think making the images trademark will stop fakes? I really can’t see it making any difference.
The only way to stop fakes is to produce official stuff in unlimited runs and at near cost price.

[Daniel Silk]

Surely Banksy would love a situation with millions of teenagers all over the World having genuine Banksy Posters blu tacked on their bedroom walls, and the messages behind the images making a difference.
Rather than the current situation of half his art being in portfolio folders or on the walls of the rich.
I dunno.

[sandinista]

hypocrite when he's using other peoples photos to create his images. supposedly without permission.

p.s is it pest control dealing with all this legal activities? explains why they are incapable of acknowledging coa requests or sending them out within a year. must be so difficult. Are they on trip advisor as i would like to leave a review.

[Charlesworth]

I guess if he owns the trademark then he can sell it?

[mojo]

Jun 28, 2021 12:04:03 GMT 1 sandinista said:

hypocrite when he's using other peoples photos to create his images. supposedly without permission.

p.s is it pest control dealing with all this legal activities? explains why they are incapable of acknowledging coa requests or sending them out within a year. must be so difficult. Are they on trip advisor as i would like to leave a review.

You only have to change an image by a certain % in UK copyright law to make it your own.  

I'm sure when the Kate/Marilyn mash up was released it was the day it legally came out of copyright protection, I could have missunderstood that but I think that was the entire point of it?

I imagine Banksy has very competent legal representation and pest control could very well be furloughed owing to the pandemic and therefore legally unable to work?

*At the same time as the Kate release I went to Snappy Snaps to photocopy the postcard to make a birthday card for a mate and the bloke working there made an enormous fuss and refused to let me use the photocopier because it was a Banksy image...I had to go to Pronto Print 

[Daniel Silk]

So Banksy wants to spend the rest of his life taking people to court for making T-shirts, Postcards and Mugs with his images on?
Sorry, I just don’t get it.

[mojo]

Jun 28, 2021 15:51:22 GMT 1 Daniel Silk said:

So Banksy wants to spend the rest of his life taking people to court for making T-shirts, Postcards and Mugs with his images on?
Sorry, I just don’t get it.

Perhaps Banksy's motivation is more aligned to actually protecting people from spending small fortunes and being ripped off by scammers rather than a desire to 'spend the rest of his life taking people to court.'  

I've posted a trailer to this movie a couple of times as to me it's kind of similar to the Banksy situation.  I recommend you watch it.  Don't be fooled by the title!

[Inknart]

What happens to all the medicom tat currently being sold with the successful trademarks?

[Deleted]

Jun 28, 2021 15:51:22 GMT 1 Daniel Silk said:

So Banksy wants to spend the rest of his life taking people to court for making T-shirts, Postcards and Mugs with his images on?
Sorry, I just don’t get it.

I don't get it really either, never used to do anything about it

I do get why he might get a bit pissed if businesses are trying to 'own' his artwork by registering trademarks and copyright and then licensing and charging out these images to other businesses, might this be a possibility why he is doing it?  

[thrash822]

I think with all things Banksy does, his actions here are meant to be questioned and met with Speculation, and then in time, he will reveal his intentions. I don't believe this was a rash action that wasn't thought through or done in different taste than his approach and stance as an artist.. In short time I think we will hear from Banksy side, until then I guess like any Banksy topic the speculation is the fun 

[Rubberneck]

I’m sure after losing a few times he needs to chalk up a victory to stop legal businesses who have large scale reliance on his creativity to operate, like brandalism and full colour black. Whilst a decision in Australia it should have a knock on for other territories.

[Deleted]

Jun 28, 2021 17:04:41 GMT 1 Inknart said:

What happens to all the medicom tat currently being sold with the successful trademarks?

We'll still buy it all

[Whitefish]

Culture Sculpture

[sandinista]

understanding copyright and trademark is a dark art and differs country to country. Just look a the word 'parody' and what you can get away with in US but not UK.
I saw someone post on instagram that it was their flower thrower photo that banksy used without permission but i cant find it. makes me laugh that Banksy is taking claims to that image. What next he claims all rats and sues blek?

[Coach]

Jun 30, 2021 10:26:25 GMT 1 sandinista said:

understanding copyright and trademark is a dark art and differs country to country. Just look a the word 'parody' and what you can get away with in US but not UK.
I saw someone post on instagram that it was their flower thrower photo that banksy used without permission but i cant find it. makes me laugh that Banksy is taking claims to that image. What next he claims all rats and sues blek?

There’s nothing wrong with an artist using a source photograph as inspiration for an artwork.
To my mind flower thrower is undoubtedly Banksy’s image.

[Coach]

Jun 28, 2021 3:01:11 GMT 1 Daniel Silk said:

But what’s the purpose of registering them as trademarks?

He doesn’t use use the images himself and he doesn’t want others to use them?

One should be perfectly entitled to protect one’s IP rights, even if one isn’t using that IP at any given moment.
The logic implied by your post would suggest that I should be able to use your car, if you aren’t using it at the time.

[stillborncrisps]

Jun 28, 2021 17:16:10 GMT 1 @runt said:

Jun 28, 2021 15:51:22 GMT 1 Daniel Silk said:

So Banksy wants to spend the rest of his life taking people to court for making T-shirts, Postcards and Mugs with his images on?
Sorry, I just don’t get it.

I don't get it really either, never used to do anything about it

I do get why he might get a bit pissed if businesses are trying to 'own' his artwork by registering trademarks and copyright and then licensing and charging out these images to other businesses, might this be a possibility why he is doing it?  

I think this is it. Day to day he's fine, and small time bootleggers he's not arsed about.

But what artist would want a situation like with Full Colour Black where they gain control of the rights and have the power to prevent HIM from using/producing his own work? I think this is what he's trying to stop.

[Deleted]

At this point i think it's more about legacy. who knows what the plans are for these images in the future.
I imagine/hope some will be left with charitys/good NGOs and lobbying groups ect.

[Coach]

Jun 30, 2021 11:46:33 GMT 1 @rawdocument said:

At this point i think it's more about legacy. who knows what the plans are for these images in the future.
I imagine/hope some will be left with charitys/good NGOs and lobbying groups ect.

That wouldn’t surprise me at all, considering his track record.

[moron]

Jun 28, 2021 7:59:00 GMT 1 irl1 said:

Jun 28, 2021 3:01:11 GMT 1 Daniel Silk said:

But what’s the purpose of registering them as trademarks?

He doesn’t use use the images himself and he doesn’t want others to use them?

How many millions are made each year on Banksy fake art. 

More to the point, how many people are fooled with Banksy fake art

 Disney is a huge global enterprise and trademarks and copyrights everything using global trademarking policy.

Disney pursues infringement using it's legal team.

 At the same time just look at the millions of fake items with stolen Disney art on them for sale.

  

[moron]

Jun 28, 2021 14:35:07 GMT 1 mojo said:

Jun 28, 2021 12:04:03 GMT 1 sandinista said:

hypocrite when he's using other peoples photos to create his images. supposedly without permission.

p.s is it pest control dealing with all this legal activities? explains why they are incapable of acknowledging coa requests or sending them out within a year. must be so difficult. Are they on trip advisor as i would like to leave a review.

You only have to change an image by a certain % in UK copyright law to make it your own.  

I'm sure when the Kate/Marilyn mash up was released it was the day it legally came out of copyright protection, I could have missunderstood that but I think that was the entire point of it?

I imagine Banksy has very competent legal representation and pest control could very well be furloughed owing to the pandemic and therefore legally unable to work?

*At the same time as the Kate release I went to Snappy Snaps to photocopy the postcard to make a birthday card for a mate and the bloke working there made an enormous fuss and refused to let me use the photocopier because it was a Banksy image...I had to go to Pronto Print 

apparently to change an image by a small percentage still requires written permission from the copyright owner under UK law.


copyrightservice.co.uk/copyright/copyright_myths

[moron]

Jun 28, 2021 16:18:13 GMT 1 mojo said:

Jun 28, 2021 15:51:22 GMT 1 Daniel Silk said:

So Banksy wants to spend the rest of his life taking people to court for making T-shirts, Postcards and Mugs with his images on?
Sorry, I just don’t get it.

Perhaps Banksy's motivation is more aligned to actually protecting people from spending small fortunes and being ripped off by scammers rather than a desire to 'spend the rest of his life taking people to court.'  

I've posted a trailer to this movie a couple of times as to me it's kind of similar to the Banksy situation.  I recommend you watch it.  Don't be fooled by the title!

Never trust an art dealer.

 

[moron]

Jun 22, 2021 10:51:09 GMT 1 stillborncrisps said:

He's trying to avoid using copyright laws so he doesn't reveal himself, but brands who have no single creator manage to copyright their work? How does that work and why can't Banksy do that? Eg a design or pattern on a Diesel t-shirt would be copyrighted (not just the trademarked D logo) but it could have been created by any number of designers? One person doesn't hold the copyright?

 Apparently Pest Control hold exclusive rights in Banksy artworks.

 From UK Companies House records ""person with significant control" is "Picturesonwalls Ltd"

  ""PICTURESONWALLS LIMITED""  "person with significant control" is "Mr Mark Howard Stephens"

  Pest Control is Banksy as opposed to Banksy is Pest Control.

  To send DMCA takedown notices regarding copyright infringement, image theft has to be done by the rights holder.

   Maybe they are avoiding taking people to court for copyright infringment as it would confirm or show that Banksy is nothing more than a construct.

 A house of cards.

  Trade marking Banksy art as logos appears to be a badly thought out way of protecting these images by turning them into logos instead of individual art works.