Graffiti and Copyright

While copyright law seeks to protect authors’ communication through their works, and restricts the communication of their works by others, copyright does not properly take into account that, in public spaces, individuals are compelled to experience (amongst others) artistic, literary and musical works. The problem of publicly placed works is therefore emblematic of a deeper problem with copyright's failure to address the problem of the relationship between individual works and the shared culture of which they form part. In adopting a comparative approach to copyright exceptions and defences, the paper argues for (at least) a re-orientation of copyright exceptions towards the space in which a work is encountered in order to determine whether a given use is or is not infringing.

This paper forms part of the Carnegie Research Trust funded project, ‘Freedom of Panorama: Making Copyright Law (In)visible’, exploring the extent to which members of the public are free to photograph art, buildings and other work in public space.

Dr Iljadica is the author of 'Copyright Beyond Law: Regulating Creativity in the Graffiti Subculture' (Hart 2016).

Each year the OIPRC hosts a number of leading academics from around the world as part of its Invited Speaker Series. These events typically run from 5:15-6:45pm on Thursday evenings at St. Peter’s College; if the venue or time is different, it will be noted on the Events calendar.  The Speaker Series consists of a presentation of about 45 minutes, followed by a Q&A session with the assembled group of academic staff, students (both undergraduate and graduate), researchers, and interested members of the public.  Discussion is informal and includes participants from several disciplines, with a wide range of prior knowledge.

Convenors: Dev Gangjee and Robert Pitkethly

Refreshments and snacks are served at the conclusion of the discussion.  All are welcome.