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Intellectual property (IP) law is engineered to foster innovation and creativity. In some countries, the way IP applies to traditional forms of creativity such as music, painting, design, or even perfumes is understood and accepted. But, at least in principle, it may be less obvious when it comes to emerging popular forms of art, such as street and body art.
How does IP apply to street and body arts? Who owns what? What are the competing rights at stake—those of the owner of the building on which a graffiti is painted or the person bearing the tattoo? Beyond copyright, can trademark registration provide artists with additional protection? How does all of this play out on social media, the emerging arts’ favorite exhibition forum nowadays.
Éamon Chawke, a Partner with Briffa Solicitors, a boutique law firm in the United Kingdom, provides insight. Specializing in the protection, management, exploitation, and enforcement of IP, he has a broad spectrum of clients that include authors, agents, and publishers, as well as clothing, furniture, and graphic designers.
Every two weeks, on Tuesday, Brand & New gives the floor to inspiring individuals, with a 360-degree vision, to help brand owners, intellectual property lawyers, and marketing and finance professionals (and beyond!) stay curious and agile in an ever-evolving business environment.
Brand & New is a production of the International Trademark AssociationHosted by Audrey Dauvet - Contribution of M. Halle & S. Lagedamond - Music by JD BeatsFOR MORE INFORMATION, VISIT INTA.ORG
To go further:
About Éamon Chawke (link to https://www.linkedin.com/in/éamon-chawke-19637145/?originalSubdomain=uk)
Also of interest:
- Banksy and his Uneasy Relationship with IP, Éamon Chawke (link to https://www.briffa.com/blog/banksy-and-his-uneasy-relationship-with-ip/)
- Copyright is for Losers? Éamon Chawke (link to https://www.briffa.com/copyright-banksy-changes-tune/)
- INTA Bulletin: The Art of EU Trademark Registrations: Is Intention to Use Now Required? (link to https://www.inta.org/perspectives/the-art-of-eu-trademark-registrations-is-intention-to-use-now-required-in-euipo-proceedings/)
- INTA Bulletin: The Unintended Consequences of Copyright and Trademark Protection in Design (link to https://www.inta.org/perspectives/unintended-consequences-of-copyright-and-trademark-protection-in-design/)
- INTA Board Resolution: Copyright Protection for Trademarked Materials (link to https://www.inta.org/wp-content/uploads/public-files/advocacy/board-resolutions/Copyright-Protection-for-Trademarked-Material-09122017-Update.pdf)
- Banksy’s Attempt to Trademark a Graffiti Image is Thrown Out, New York Times (link to https://www.nytimes.com/2020/09/17/arts/design/banksy-trademark-lawsuit.html)
- Accession on the Frontiers of Property, Harvard Law Review (link to https
