Abstract

The modern graffiti movement is considered to have started in America in the 1970s, and influenced similar movements across Europe and the globe throughout the following decades. Over the past forty years, graffiti has evolved from a subversive subculture associated with degeneracy into an esteemed and lucrative art form, birthing the Post-Graffiti movement and producing gallery-worthy artworks valued in the millions. By situating graffiti and street art as historically valuable and culturally rich materials, this paper analyzes issues surrounding the privatization and preservation of such works. The illegal nature of graffiti complicates matters of ownership and collection, with significant works often being installed, and subsequently removed, illegally. This paper evaluates the litigation and legal actions taken to protect the rights of the artist as well as efforts in maintaining unrestricted public access to street art and graffiti. In addition to legal complications, graffiti’s public nature also provides challenges for art conservationists. By removing the work from its original context, a collector alters the impact of a work of graffiti and impossibly subverts its purpose as being an accessible and free message to the masses. Yet arguably, this may be the only way to safely preserve the physical integrity of outdoor installations from the natural elements. Contemporary scholarly opinions, a close examination of works by world-renowned graffiti artist Banksy, and a series of legal cases regarding the treatment of works of graffiti and street art ownership and removal inform the author’s perspective and analysis of this multifaceted issue.

How to Cite