The European Union Intellectual Property Office issued a pair of judgments that warn how Banksy’s anonymity means he cannot secure copyright for his art, but is repeatedly trying to claim trademark rights.
However, the panel of judges found he is acting in “bad faith” because he is only pretending to want to trade in his creations, having previously said intellectual property laws are “for losers” and urging people to “copy, borrow, steal and amend” his work.
Full Colour Black, a UK greeting cards company which recreates his works for sale, has successfully persuaded the EU to cancel trademarks he obtained three years ago for the Radar Rat and Girl with an Umbrella - also known as NOLA.
The legal papers say ‘Girl with an Umbrella’ emerged in 2008 in New Orleans and became “one of the best known” Banksy. The ‘Radar Rat’ - described as “arguably the most iconic and famous of his works” - appeared as a mural on walls across London.
The panel said because Banksy “has chosen to be anonymous” his “identity cannot be legally determined” and that “hinders him from being able to protect this ... art under copyright laws without identifying himself.”
They add how “identifying himself would take away from the secretive persona” which has made him so famous. While copyright protects an artist's work from reproduction for their lifetime and 70 years after their death, a trademark secures indefinitely the commercial origins of a product.
They add: “Banksy was trying to use the sign only to show that he had an intention of using it, but his own words and those of his legal representative, unfortunately undermined this effort.”
What does this mean for collectors? Andipa have been inundated with requests for a comment from both the press and our clients who seek to understand the repercussions that this may have. We believe that this is an issue that affects third party merchandising and not the demand or value of/for commercially produced prints or originals. As such, we believe that this ruling will not affect our collectors nor their collections. Andipa will continue to offer the very best Banksy signed prints and original artworks to our clients continuing our long-standing commitment to providing a personable and fine service