8 - Graffiti, Street Art, Walls, and the Public in Canadian Copyright Law

Summary

In this chapter, I argue that while the scope of copyright protection of graffiti and street art may be on the whole, fairly easily ascertainable and may offer a desirable level of protection to their authors, the rights of the public with respect to graffiti and street art remain fragmented, somewhat unclear and likely too limited. This finding gives a sobering account of the extent to which Canadian copyright law succeeds in adequately addressing competing interests, such as where allowances for communication and access between the graffiti or street artist, their work of art and the public should be at their highest. I refer to “graffiti” for writings depicted in public spaces and to “street art” as a more general term encompassing graffiti and any other form of visual art (drawing, painting, sculpture, structure, object) located in public spaces. I refer to neither graffiti or street art with a connotation of legality or illegality and I will specifically refer to their (il)legality as the context may dictate from time to time.