Archive | Artist Features RSS feed for this section

Featured Event – Cutback Documentary Screening – Melbourne & Sydney

One of the coolest projects that we’ve had the pleasure of being involved with over the past few years, is the amazingly diverse and comprehensive Cutback project, put together by Rachel Bentley. Traversing the world, interviewing a plethora of amazing artists and grabbing shots of work from a hundred different walls, the Cutback project, both the introductory documentary itself and the multitude of web features,  is finally about to be released – and we’re really, really pretty damn excited.

For an overview of the project, read on for the press release as well as all the info on how to check it out.

CUTBACK is a multi-platform web and feature documentary filmed between 2011-2014 in Sydney, Melbourne, Berlin, NYC and London. Featuring in depth interviews from artists and writers it challenges the public’s preconceptions on art in the urban environment. CUTBACK explores the ‘key’ to understanding the artist’s addiction, which is street art and graffiti . The project features interviews with artists as they discuss their individual approach to their work, artistic motivations and frustrations.

CUTBACK documentary features artists from Australia and internationally, including: E.L.K. Makatron, Rone, Meggs, HAHA, Perso, Zerosix, Vexta, Mini Graff, CDH, Shannon Crees, Facter, Juanjo, DMOTE, Kid Zoom, and with commentary from Alison Young, Kurt Iveson, Jaklyn Babbington (NGA),Frances Lindsay (NGV), Fletcher Andersen, Sandra Powell and Andrew King.

Within the CUTBACK digital platform, over 60 artists have been interviewed, including luminaries such as Beastman, Numskull, Jak Rapmund, Ben Frost, Bill Dimas and John Whiltshire, Phibs and Meres (5Pointz). As an on-going, ever expanding project, a wealth of updates will be regularly added to the CUTBACK online platform.

CUTBACK also features the music of renowned Sydney artist and producer, Daniel (Ears) O’Toole.

The CUTBACK screening and launch is presented by INVURT in Melbourne and Commune Studios in Sydney.”

Rachel Bentley really has done an extraordinary job at putting all of this together – having seen the documentary cut myself, its pretty damn cool.

But the greatest thing about this entire project, is that it isn’t just limited to the documentary itself, which really only shows a small slice of what the entire thing entails. With over 60 artists having been interviewed over the past three years, it may be one of the most comprehensive video archives of artists practicing on the streets here in Australia – and, after the initial launch (on the 13th of December), these interviews will all be released on the Cutback website, with even more to be added. It will be a continually evolving entity, and, much like what we try to do here, will help to capture the essence and vitality of the ever evolving Australian graffiti and street art scenes.

Check out the promo video for the project –

CUTBACK LAUNCH PROMO from 2014 on Vimeo.

 

The Sydney event will be held on the 5th of December, and the Melbourne event will be held on the 12th – the Melbourne event will also allow for those who have never seen the amazing Emerald Car Park to get an exclusive tour (its closed to the public and hasnt been open for quite some time), and they will also be having their official after event at That One Shot II event and exhibition, where we will all be kicking on to after the doco screening and tour.

Seats at both the screenings are quite limited, but if you want to get a chance to see it first hand then here’s your chance – you just have to register at the Eventbrite links below. It’s simple, and completely free just click the links below to the respective screening – spots are filling up quickly, so get onto it.

Cutback Sydney Screening

Friday 5th December 2014
COMMUNE Studios
186 Rochford St, Erskineville

6.00pm – Exhibition and drinks.
7.00pm – CUTBACK Documentary screening
9.00pm – Concludes

Register for the Sydney event here http://www.eventbrite.com.au/e/commune-studios-presents-cutback-launch-tickets-14208182055

Cutback Melbourne Screening

Friday 12th December
1800 – Exhibition
1830 – DOCO screening
2000 – Rare tour of Emerald House carpark !
830 – Official After Event – That One Shot II @ 1 Doonside St Richmond 

Register for the Melbourne event here https://www.eventbrite.com.au/e/invurt-presents-cutback-launch-tickets-14183105049

 

Poster Low Featured Event Cutback Documentary Screening Melbourne & Sydney in sydney street art genres screenings melbourne graffiti genres documentaries genres artist feature

1 Comment Continue Reading →

Exhibition – No Dunk Shots – Nicole Reed – The Paterson Building Lvl 2, 181 Smith St, Fitzroy

Get along this Thursday night to see Nicole Reeds show, “No Dunk Shots”.

In No Dunk Shots, I combine my love for empty spaces, sporting fields and portraits in an exploration of street ballers and well-worn basketball courts.

10635984 10153367926921494 3228971730926341971 n 500x666 Exhibition No Dunk Shots Nicole Reed The Paterson Building Lvl 2, 181 Smith St, Fitzroy in prints genres photography genres melbourne inurban exhibitions artist feature

10507000 10153343270486494 5660277709956703202 o 500x375 Exhibition No Dunk Shots Nicole Reed The Paterson Building Lvl 2, 181 Smith St, Fitzroy in prints genres photography genres melbourne inurban exhibitions artist feature

Who: Nicole Reed

What: No Dunk Shots

When: This Thursday @ 6 – 9pm

Where: The Paterson Building Lvl 2, 181 Smith St, Fitzroy

Facebook event page here

Leave a comment Continue Reading →

Exhibition – Eno – Drawing Blood – Backwoods Gallery – Collingwood

This looks like an interesting show by New Zealand artist ENO, so be sure to get along to Backwoods Gallery this Friday night the 18th of July.

“An interest in the controversy surrounding early 20th century painter Charles. F. Goldie forms the basis for Drawing Blood, a body of work by Eno (Mikaere Gardiner) that confronts dogmas surrounding truth, taboo and the effects of colonization. Goldie’s paintings of Maori chiefs and princesses were a far cry from the typical portraiture of that era.
Goldie saw a race dying as a result of war and colonisation. Despite their precise detail, his works were considered by many critics at the time to be anthropological studies that belonged in a museum, not an art gallery. Yet these works are now regarded as the pinnacle of high art of that era, and Goldie himself as one of New Zealand’s most important artists.Eno draws on Goldie’s enduring will to capture the truth by reinterpreting the often solemn, weathered expressions in his subjects as a device to illuminate the dichotomy between the throwaway nature of celebrity culture and the retrospective acknowledgment of the disdained.
In Eno’s works we find the facial Ta moko (a traditional tattoo practice symbolic of high status) have been embellished with sailor tattoos – at once a candid remark on the harrowing effects that European colonisation had on the traditional values and cultural beliefs of the Maori people and a wry comment on the passing nature of trends in contemporary society. Having recently begun Ta moko, Eno fuses both his painting and tattooing practices to investigate the cultural significance of his Maori and European genealogy.
Acclaimed for his large scale murals, Drawing Blood sees the artist work on an intimate scale, using acrylic paints, tattoo inks and aerosol across various sized paintings on industrial boxing card as well as a number of smaller sculptures that reference Pataka, traditional Maori houses used to store food.”

10497322 1428416294103922 2824816375788056858 o 500x184 Exhibition Eno Drawing Blood Backwoods Gallery Collingwood in street art genres art event photos painting genres melbourne galleries urban art exhibitions artist feature events urban art

Eno, with Drawing Blood At Backwoods Gallery.

Who: ENO.

What: Drawing Blood.

When: This Friday the 18th Of July.

Where: Backwoods Gallery. 25 Easey Street Collingwood. 

Facebook event page here 

Comments Off Continue Reading →

Snapshots – James Reka – Untold – Backwoods Gallery

For those who missed James Reka’s show “Untold”, check out the shots I was able to get while it was on down at Backwoods Gallery in Collingwood.

IMG 0116 2 500x107 Snapshots James Reka Untold Backwoods Gallery in street art genres sculpture genres art event photos painting genres mixed media genres melbourne inurban installations genres galleries urban art found objects genres fine ary exhibitions artist news artist feature events urban art

Comments Off Continue Reading →

Snapshots – Shida – Inner Myths – Backwoods Gallery

Friday night I got down to Backwoods gallery to check out Shida’s new show “Inner Myths” her are some pics from his show.

Be sure to check out his show, on till the 13th of July.

IMG 0383 21 500x109 Snapshots Shida Inner Myths Backwoods Gallery in street art genres sculpture genres art event photos painting genres melbourne inurban installations genres galleries urban art found objects genres fine ary exhibitions books artist feature events art urban art

 

Comments Off Continue Reading →

Snapshots & Video – Adnate – Beyond The Lands

What can we say about Adnates show at Metro Gallery thats on right now? Beautiful. One of the best shows from a Melbourne street artist we’ve seen. Respectful. All the things that others have said many times over the past two weeks … but, really, what we feel about this show is that we’re pretty proud, not only of Adnate himself and the gorgeous work he did for it, but proud that Melbournes general public has seen fit to fall in love with his work, and truly validate all the countless hours that he has spent striving over the years to make his way as an artist. If a sold show at Metro Gallery doesn’t show that a graff artist, with enough hard work and unfaltering determination, can really live the dream and do what he loves doing, then we don’t know what does.

The opening for Beyond The Lands was amazing – from the speeches, to the traditional dancers, to the sheer amount of people attending, to the massive, but humble, smile we saw on Adnates face. It’s still on, and you should go see it.

The following are a bunch of shots that Dave Russell got of the works himself, as well as the awesome video that Michael Danischewski did for the whole thing.We loved it, and can’t wait to see what Adnate does next.

IMG 8851 2 500x333 Snapshots & Video Adnate Beyond The Lands in street art genres painting genres mixed media genres melbourne inurban graffiti genres galleries urban art exhibitions exhibition review books body painting artist news artist feature events art urban art

Comments Off Continue Reading →

Snapshots – Keep It Simple – Stabs – Backwoods Gallery

We went down to Backwoods last Friday to check out Stabs’ latest show Keep It Simple. Starting off with a great installation to greet us at the entrance the show was filled with rad pieces in Stabs’ unique style! It was a great show definitely worth a trip down to backwoods! Make sure get down and have a look!

 

 

 

IMG 7319 2 500x333 Snapshots Keep It Simple Stabs Backwoods Gallery in street art genres stickers genres stencil art genres sculpture genres prints genres photography genres art event photos pasteups genres paper art painting genres mixed media genres melbourne inurban installations genres illustration genres graphic design genres galleries urban art fonts exhibitions exhibition review collage genres artist feature events art

Stabs, Keep It Simple

Comments Off Continue Reading →

Insights – Copyright and Moral Rights Of Australian Street Art & Graffiti

I’ve been meaning to write this about street artists, and graffiti artists, Copyright and Moral Rights in Australia for a long time now, because, lets face it, the problem has just been getting worse and worse. Almost every week, someone tells me of an incident, and it goes something like this …

“I went down to The  Market the other day, and there was someone down there selling cards with some of your/another artists artwork on it!”

There’s a guy on Etsy/eBay who is selling my work and they have never asked me permission!”

There are websites, there are ebay sellers, there are people at markets, and all of them are selling cards and other reproductions of peoples artworks. when confronted, they always have several excuses that they always have on hand:

“It was done illegally, therefore I’m allowed to reproduce it!”

“Its street art, its allowed and its free for all – its not copyright, if it was then why would they be painting it on the street!”

“Its artistic licence and my own photographic art, therefore I can sell it if I want to.”

All of these statements are grossly incorrect.

Before I go on with this article, I am going to state that I am not a legal representative, or lawyer,  and have no qualifications in such matters. Although I have sought advice from several legal sources as to the following, and researched the matter, this is a matter of my interpretation and it is to be taken in no way as official legal advice on the information presented here on copyright and moral rights in Australia for street art and graffiti – it’s up to you to take this knowledge, and arm yourselves with as much information as possible to actively pursue your concerns.

Now all that disclaimer aside, I will give you the information that I have both gathered, and consulted with legal sources, and I’m going to tell you artists what you already know is quite obvious – all of these excuses, under Australian law, are, for the most part, complete bullshit.

There are several reasons for this, and two very important rights that artists have that invalidate anyone who attempts to reproduce an artists work without their permission – Copyright and moral Rights – and I’ll address these separately.

This is a hefty article and I’ve been working on it for a while to make it as comprehensive as possible, so bear with it.

deb hosier lane thumb Insights Copyright and Moral Rights Of Australian Street Art & Graffiti in street art genres stencil art genres pasteups genres graffiti genres editorial australia nz artist interviews artist feature advocacy urban art

Image by Deb – Artwork illegally reproduced on eBay


Australian Copyright Law and the Protection of Street Art & Graffiti

The Arts Law website states this, in reference to the Australian Copyright Act 1968:

“Sculptures, monuments and artwork may be protected by copyright. Unless an exception applies, you need permission from the copyright owner of the work. Exceptions to this general rule are found in the Copyright Act. For example, photographing and publishing a photograph of a sculpture or work of artistic craftsmanship that is permanently situated in a public place, or in premises open to the public, does not infringe copyright (s.65). This does not apply to other public art, such as murals. - [1]

Murals, which by definition include street art, are not included in this exemption, and are most definitely protected under the Australian Copyright Law – they are not exempted like other public artworks.

When talking about infringements, the existence of such infringements occur when a substantial part of the artwork is reproduced without the consent of permission of the copyright owner.

The Arts Law website clarifies this:

“Although murals and graffiti are generally situated in a public place, because they are two-dimensional artworks the section 65 exemption does not apply. As such, if you substantially reproduce a mural or graffiti work in a photograph you may be infringing the copyright in that mural or graffiti work. Substantial reproduction is not a question of how much has been reproduced like 10% of 70%, but rather a question of quality (i.e. what has been reproduced).”  [2]

Usually, this “substantial part” of the work will be determined by a court, who look for significant, distinctive and fundamental parts of the work in question – these fundamental elements do not have to actually comprise a considerable amount of the image for them to actually be determined a substantial part of it. Which means that a photograph looking down a street that happens to have a mural wall running down one side adding perspective is less likely to infringe copyright than a photograph that focuses on a key part of the mural making it the main subject of the photograph, even though the first photograph shows more of the mural.
“Less likely” does not mean that it doesn’t, and as the ACC states above, if the entirety of the mural is reproduced, then it is almost certainly infringing on the artists copyright, regardless of “artistic expression” on behalf of the photographer.

This means that the reproducer cannot use this argument as a reason to be able to sell their reproductions of street art on cards/prints/other items, because there is an almost certain chance that their reproduction actually infringes on the artists copyright and can be dealt with by law – and in these situations, it is usual that the reproducer must cease and desist in selling the item until such time as the issue is resolved.

There are, however, some exceptions within the Australian copyright act in regards to “Fair Dealing” – but these are quite narrow definitions usually related to academic requirements, and are not usually applicable in this case.

Fair Dealing

Fair Dealings are exceptions to the general copyright laws, and are often quoted by these “re-sellers” as a way of justifying their reproduction of  artists work. These do apply to many, however in the case of the market sellers, Fair Dealing just doesn’t apply.

The laws for “Fair Dealing” in Australia are not like the more robust Fair Use rights in the USA. This is much to the consternation of many proponents of an updated Australia Copyright law, who believe that our current Copyright system, and that especially of the Fair Dealing section, is out of step with the swift advances in technology that we find ourselves facing today.Fair Dealing in Australia comprises a multitude of various different exceptions, and Wikipedia has a good overview of the items in regards to them:

“In Australia the grounds for fair dealing are:

  • Research and study (section 40 Copyright Act 1968 (Cth)
  • Review and criticism (s41)
  • Reporting the news” (s42)
  • Legal advice (although the federal Crown is deemed to own copyright in federal statutes, and the Crown in each State in state statutes). (s43)
  • Parody and Satire (with some exceptions) (s41A)” [3]

Regarding the re-use of copyrighted images or drawings, the Australian Copyright Act does not impose a 10%-limit under its fair dealing provisions for the purpose of research and study. Instead, each and every such use for research or study must be evaluated individually to determine whether it is fair, similar to the notion of fair use in U.S. copyright law. Among the criteria used to determine the fairness of a use are the purpose and character of the dealing, the nature of the work, the possibility of obtaining the work commercially within a reasonable time, the effect of the use on the potential market for the work or on its value, and how much of a work is copied.”

This is, all, actual, fairly good for artists, but its not so good for anyone else who may have a legitimate reason to re-publish the artists works. A review was recently conducted (February 2014) that proposed 30 changes to the Australian Copyright laws, under which Fair Dealing gets a good amount of consideration, however for the most part, it deals mainly with electronic reproduction of movies etc.

In this report, a number of issues were found in which the existing Fair Dealings laws were vastly problematic. [4]

In my opinion, Fair Dealing in Australia is currently in a state of flux – but this really has little bearing on the guys down at the market selling prints and such for their own personal gain.  It’s pretty hard for them to claim that they are selling these items for academic purposes, or as satire, or that they are research or reviews. Thus, for those people, Fair Dealing is no excuse.In terms of people publishing books, those operating websites and blogs, and reproducing via other mediums is still really murky. Blogs are usually promotive, and are a mainstay of this new world of viral art .

The Copyright laws on Fair Dealing are very much out of touch with this new age. Books and zines are even more difficult,many could be seen as academic publications, or magazines for review. Personally, when it comes to books on street art and graffiti, I look at it in a way that reflects my own personal morality – I draw a distinction between “Major Publishers” and “Self publishers” – major publishers are publishing books of one main purpose, to make money. Self Publishers are publishing out of a love of the art, and usually only do so to promote the artists works – in most cases they will hardly ever make any money off of them, and indeed will usually not even make their money back from printing up their books. Usually, they do get the artists permission, where they can and genuinely do contribute back to the scene.

Whether this distinction in my mind is legally correct or not, well, I guess each one would have to be taken on a case by case basis and judged on the facts as to its own merit.

If you are curious, you can see a list of exceptions to Copyright here – https://www.nla.gov.au/key-exceptions-in-the-copyright-act). [5]

 

It Was Painted Illegally, Therefore The Artist Has No Copyright Or Moral Rights On The Art And I Can Do What I Want With It.

“People think that because our work is public and it is sometimes illegally painted, they could [sic] use it any way they want.” – Cantwo. [6]

Copyright of an image is not negated if it was produced illegally. Of course,  if it was produced illegally, then the artist themselves may face other legal issues such as vandalism charges, trespass, etc, however the piece itself is still protected under copyright law as a mural and is still the property of the artist.

When people talk about a work of graffiti or street art being created “illegally”, they are usually referencing the act of creation, rather than any type of copyright issues. This means that the piece was created by means of trespassing or vandalism on someones private property, and not usually as a result of any kind of copyright violation. In this regards, the work of art is actually created by the artist, and isn’t just a replication of someone elses work. So when someone says “It was created illegally” is just doesn’t matter, and the work itself is still copyright by the artist (unless, that is, if the street artist was say pasting up images of mickey mouse everywhere – then its not the property of the actual artist, but Disney, who is the copyright holder).

Street Art and graffiti are, therefore, protected under the Copyright Act – the copyright act specifies that “a work must be an original literary, dramatic, musical, or artistic work” (Copyright Act 1968 (Cth) s 32.) as long as it is expressed in “Material Form” – meaning “The subject-matter must be expressed in a material form: Copyright does not protect information, ideas, concepts, styles and methods. [7]

Street art and graffiti, where they exist as Aerosol murals, stencils, pasteups, paintings, drawings – these are all “Material Form” items. That also means that ideas, concepts, styles and methods can not be copyright. For some graffiti artists, their tags are more than an extension of their art, they are the art – if it was a simple tag, something like “Jules” in plain lettering, this probably wouldn’t be copyright – but if it was say, a tag such as one of Slicers, or Mayo, or Chaz Bojorquez, then it is most definitely a material piece of art and is definitely protected by copyright.

The Copyright Act, as summarised by the Law Handbook website, defines the “First Owner” of a piece of artwork as the author or artist who first produced the material form of the art. [8] Therefore, graffiti and street art are the “First owners” of the artwork – they can indeed transfer this copyright, if they should wish, but as any items owned by the artist as copyrighted materials are considered by Australian law as personal property, then no one, even if it was produced as a result of vandalism, has the right to reproduce the work without an artists permission.

Naomi Messenger, a lawyer from KPMG Legal writes in her 2002 article “Can ‘Can Art” Navigate Legal Pitfalls [9]

“Spray-can artists usually come prepared. They have preliminary sketches of their proposed paintings. They will generally have copyright in both their sketches as original artistic works, and the graffiti art copyright gives them the exclusive right to reproduce their artworks and to adapt them from two-dimensional to three-dimensional artworks.”

She then goes on to say how a pseudonym would affect this:

“The term of copyright protection may differ if the artist is working under a pseudonym, that is their individual identification ‘tag’.

Anonymous and pseudonym works are only protected for 50 years from first publication; although if the identity of the author is known or can be ascertained, the duration will be the life of the artist plus 50 years.” – therefore the only thing that would affect the actual copyright of the artists work would be the 50 year limit, however the artist still retains copyright over it for that duration.

There is another part to this – in a large number of cases, where someone has taken a photo of a piece of graffiti or street art and used it for their own gain, the piece was actually a legally painted commissioned piece.

Sharon Givoni, a Melbourne based intellectual property law clarifies this further (in a great, must read article for all artists that was published in Illustrators Australia):

“It is important to note that if you paint on someone else’s  wall you will not own the physical painting on that wall as this remains with the property owner.However, the owner of the building will not necessarily own the copyright of the painting on the wall as that often remains with the artist.” [10]

This means that the artist holds copyright over it – unless, of course, they were actually employed. If you are employed by a company and produce the work for them, then its implied that they own the copyright, unless you specifically signed an agreement otherwise. For artists, however, you are generally working as an independent contractor, in which case, even if you have been paid for producing the artwork, the person who bought the artwork does not own the copyright unless it was specifically stated that copyright would be handed over in the contract.

“The fact that a person has paid for the making of a work (other than a photograph, portrait or engraving) does not mean that they will own copyright in it, although they may be permitted to copy it, or exercise other rights of the owner. For example, if a community group commissions an artist to prepare some artwork for a pamphlet, the artist will own copyright in the artwork, although the community group will have an implied licence to reproduce it in the pamphlet (see “Licensing copyright”, below). This means the artist could allow someone else to use the artwork for another purpose.” [11]

The people reproducing this artwork have not been granted copyright, therefore they have no right to print or reproduce it for their own profit. Pieces also, painted in legally sanctioned areas, such as Hosier Lane in Melbourne etc, are also protected under copyright, which is retained by the artist.

Yet regardless of either of these variations, whether the artist produced the piece legally, or illegally, any mural created by an artist is protected by copyright – even if it was produced in an illegal manner on a wall that the artist did not have permission to paint upon.

Moral Rights

Copyright law aside, this isn’t the only recourse that street and graffiti artists have in protecting their work. There is also the little thought abut “Moral Rights” that an artist retains on their artwork, which were introduced in 2000 as an amendment to the Copyright Act. This law is just as important as copyright law, because the people who actually sell these cards break pretty much all the time.

Moral rights over your artwork, as classified as a mural, means that no one can actually take your artwork and display it in any way, or reproduce it in any way, without actually attributing you as the artist.

Moral rights do apply in a separate way to copyright, as you can never actually sell your moral rights, they stay with the artist. Although moral rights can be waived, you as the artist and creator of the mural always retain the moral right to be named as the creator.

In terms of the law itself, breaching the artists moral rights is in this instance defined by the Copyright act, and your moral rights consist of the following:

“If an artistic work has been subjected to derogatory treatment of a kind mentioned in paragraph (a) of the definition of derogatory treatment in section 195AK that infringes the author’s right of integrity of authorship in respect of the work, a person infringes the author’s right of integrity of authorship in respect of the work if the person does any of the following in respect of the work as so derogatorily treated:

  • (a) reproduces it in a material form;
  • (b)  publishes it;
  • (c) transmits it”

Furthermore, according to the Copyright Agency, moral rights consist of the following items:

“the right of attribution of authorship;

  • the right not to have authorship of their work falsely attributed; and
  • the right of integrity of authorship. This protects creators from their work being used in a derogatory way that may negatively impact on their character or reputation.

Moral rights last for the same time as copyright in a work, the term of which is usually the creator’s life plus 70 year.s” – [ 13]

Furthermore, the Copyright Agency then breaks this down into the application of Moral Rights as well as possible ways in which to infringe upon an artists moral rights:

“Moral rights apply to a wide range of works including:

  • artistic works – including drawings, paintings, sculptures, graphs;
  • musical works;
  • dramatic works – including plays, film scripts;
  • written material – including novels, textbooks, poems, songs, journal articles;
  • computer programs; and
  • films.”

Artistic works in this context also incorporate both street art and graffiti murals. These morals rights of authorship, attribution, integrity are defined in full in this information sheet provided by the Australian Copyright Council, where they also point out on Page 6 of their information sheet [14], that there are some exceptions to this rule in way of “reasonableness”, these are as follows:
“A failure to attribute the creator, or a derogatory treatment of copyright work, does not infringe the creator’s rights if the action was “reasonable” in the circumstances. The Act sets out a number of factors to be taken into account in working out whether the action was reasonable.

These include:

  • the nature of the work;
  • the purpose, manner and context for which it is used;
  • relevant industry practice;
  • whether the work was created in the course of employment or under a contract of service; and
  • if there are two or more authors, their views about the failure to attribute or derogatory treatment.”

There are some issues here – for example, many graffiti artists undertake their work anonymously, it may be reasonable not to attribute them. However even if their real name is not known, they should always be attributed by their pseudonym. Graffiti and Street Art are, these days, turning into real commercial products in many ways, and it is common industry practice for artists pseudonyms to be attributed alongside their work. So, really, there are no excuse to not do s, as pseudonymns for artists are quite easy to discover, due to the often unique nature of their work.

Yet how are your Morals Rights infringed upon? Again, the Copyright Agency breaks this down:

“There are numerous ways in which morals rights can be infringed upon, they include

  • not attributing a work to its rightful creator or falsely attributing the work to someone else;
  • reproducing a falsely attributed work;
  • treating a work in a derogatory fashion. This can include distorting, mutilating or materially altering the work; and
  • dealing commercially with or importing a work that had been treated in a derogatory fashion.”

Morals Rights means that your artwork must always be attributed – someone must name you as the artists on the work, they cannot attribute it to someone else, or themselves and they are also not allowed to be derogatory towards it.

If use of your artwork this inflicts on your moral rights, say an artwork is done and put in an exhibition then the public might take it incorrectly. Also, if an artwork is reproduced for someone elses gain, morally you have the right to deny its use if you do not agree with said use – this means that if someone is reproducing your work, even if in part on a card or somewhat, even if its “not even in context” you retain the moral right to refuse its use! This is a powerful right, if your work is on one of these cards, and you morally object to its use, it is not allowed to be used!

Not only are these people infringing copyright, but they are reproducing it, and not attributing the artists. This infringes upon the moral rights, not only that, but to me, if someone is reproducing my work for personal gain, then that to be is treating my work in a derogatory manner – ie “I don’t want to support the mass production of street art for someones personal gain, and I am offended by it and find the use of my work in this contest derogatory.

So in this case, I believe that even if the photo of your work is taken, and it is “incidental” to the actual photograph or image itself, Moral Rights still apply. The artwork has been reproduced, and therefore the artist has to be named, and has to be informed as to its use. If the artists is not named in the reproduction, even if the piece of artwork is very small and incidental to the overall composition of the piece, the artists moral Rights have been breached if the person responsible for the image has not named the artist or obtained a waiver from the artist to utilise it in a public display. A public display could also mean, displaying it at a market, for sale.

Someone selling your work can also be met with objection by way of misleading or deceptive conduct. If you as an artist are well known enough, then it may be misleading as he people selling your work may be seen by others to be “representing” you, when in fact no such relationship actually exists between yourself and the seller.

Moral Rights are just as important as Copyright, and you should be aware of this when you see someone reproducing your work, and take steps to ensure that the reproducer has knowledge of this infringement alongside their copyright infringement.

Copyright, Moral Rights and Your Right To Consent And Notification At Having Your Work Destroyed, Mutilated Or Altered

Oh, just as a little bonus, and I’m just going to throw something in here that the artists don’t actually realise that also applies with moral rights – you ready for this?. If you produce a mural, and the work is slated to be destroyed or changed of buffed over, did you know that this also violates your moral rights? Did you know that the artist must be informed that the artwork is going to be destroyed, mutilated or altered, or if it is going to be used for any reason that may be and prejudicial and reputation. If the artwork cant be moved, then the person doing the renovation or changes of building must seek out the artist and inform them, and consult with them, before doing anything to the artwork.

“Under Australian law it is not an infringement of moral rights to change, relocate or demolish a building of which an artistic work forms part, provided that the property owner:

  • gives the artist notice; and
  • allows the artist to access the building to make a record of the work and consult with the owner about the change, relocation or destruction.”  [15]

Interesting huh? This is also actually the law that 5pointz was actually trying to utilise, and which is why there are now legal queries as to whether the building owner was able to legally buff his property.

But, anyways, I digress from the main point of this article, and that is the protection of your work from the people who seem to think that it is legal to reproduce them.

In Conclusion

Lastly, I’m going to state, once again, that I am not a lawyer and I am not qualified to offer legal advice. This article is for the purposes of steering you in the right direction, and to also point out to people who are illegally selling reproductions of artists work that they are indeed, more than certainly, breaking the law by selling their cards/prints whatever.

The end result of this – you cannot (and really should not) reproduce an artists work from the streets, without their consent. You cannot take a photo of their work, and sell it for your own profit. If you have an image that contains an artists work, you more than likely will be infringing on an artists copyright and moral rights, and you cannot sell it until you have ascertained that the image in the photo you are reproducing is not actually breaking the artists rights.

All artists retain complete copyright control over any work they produce on the streets, legally, OR illegally and no one has any right to reproduce it any any way for their own profit – end of story.

To get real advice, there are many resource that you can use – the best is the Australian Copyright Council, and, to a lesser extend, ArtsLaw Australia (who I did receive a limited amount of advice from before they wanted me to subscribe to their service).

They do have a  good website and they do have several templates for sending to people who are breaching your rights, Copy or Moral – they are:

You can find these here:

Copyright Breach – http://www.artslaw.com.au/info-sheets/info-sheet/copyright-infringement-and-letter-of-demand/

Moral Rights breach - http://www.artslaw.com.au/info-sheets/info-sheet/moral-rights-infringement-and-letter-of-demand/

Also, read the copyright laws – http://www.comlaw.gov.au/Details/C2010C00476/Html/Text#param686

The Australian Copyright Council are also good at providing information, contact them and they will give you some great feedback

If you come across one of these people who are reproducing your artwork, send them a cease and desist notice for Copyright, and one for Morals Rights if they have not attributed you. Send them here, to this article, and get them to read it to understand exactly how they are breaking the law. Sometimes, they genuinely don’t realise that they are breaking the law by doing so – because they do seem to think hat taking photos of street art and selling their own photos of it is actually legally.

Contact the Copyright Council, ArtsLaw or someone else suitably qualified, but you don’t have to do that in order to send them a letter asking them to stop – it is legal and within your rights to do so, and you probably have a great legal case against them. Oh, and send them to this page – people really need to be educated about these matters, and these myths need to be dispelled.

At the end of the day, if they keep selling your work – take them to court, the chances of you winning the case are very high. Don’t think to yourself “I can’t afford to take them to court” – there are plenty of lawyers out there that will help you out, and as your chances of winning are high, well, then you probably wont pay any fees at all in the end.

If you are one of those people who reproduce other peoples street reading this now. If someone has pointed you here to read this article and you are one of the people selling these cards or prints or whatever at markets, or on eBay – what you are doing is NOT legal.

You are almost certainly breaking copyright laws, murals are assuredly protected, but, most importantly, you are also breaching the artists moral rights and it is quite likely that you are breaking the law.

This article is an interpretation of research on Australian Copyright and Moral Rights issues. carried out in April 2014. As this article is intended as a informative article only, and is only an interpretation of the laws governing street art and copyright/morals rights,  Invurt cannot be held liable for any errors , inaccuracies or omissions to the article above. If you do notice any inaccuracies or errors, and are a legal professional and have issue with any information in this article, please contact us.

 

References

[1] Street Photographers Info Sheet – http://www.artslaw.com.au/info-sheets/info-sheet/street-photographers-rights/#sthash.wPrb4xau.dpuf
[2] Snapping In The Streets – http://www.artslaw.com.au/articles/entry/snapping-in-the-street/#sthash.QmTdMNMF.dpuf
[
3] Wikipedia – Fair Dealing in Australia – http://en.wikipedia.org/wiki/Fair_dealing#Australia
[4] AFR – Review Recommends Lifting Fair Use – http://www.afr.com/p/technology/review_recommends_relaxing_australian_DraWSGHv7WEKdUMMriXbAI
[5 ] ALCR and Fair Dealing in Australia – http://www.alrc.gov.au/publications/7-fair-dealing/operation-fair-dealing-exceptions-digital-environment
[6] Maine Law Review – Art Crimes – http://www.mainelawreview.com/wp-content/uploads/2013/01/8-Davies.pdf
[7]  ArtsLaw Copyright Info Sheet –  http://www.artslaw.com.au/info-sheets/info-sheet/copyright/#sthash.zNPgtShg.dpuf
[8] Arts Law Handbook and First Ownership – http://www.lawhandbook.org.au/handbook/ch24s01s02.php#Ch1316Se261562
[9] Can Art Navigate Legal Pitfalls – http://www.artslaw.com.au/articles/entry/can-can-art-navigate-legal-pitfalls/
[10] Sharon Givoni – Street Art: Another Brick In The Copyright Wall (Illustrators Australia) – http://www.sharongivoni.com.au/articles/2013-StreetArtCopyrightWall.pdf
[11] Lawhandbook.org.au – http://www.lawhandbook.org.au/handbook/ch24s01s02.php#Ch1316Se261562
[12] Copyright Act 1968 – http://www.comlaw.gov.au/Details/C2010C00476/Html/Text#param686
[13] The Copyright Agency – Moral Rights – http://www.copyright.com.au/get-information/other-rights/moral-rights
[14] Australian Copyright Council – Information sheet –  http://www.copyright.org.au/admin/cms-acc1/_images/13034892065265ec98855d4.pdf
[15] Graffiti Artists Argue Building Destruction Is Contrary To Moral Rights - http://www.artslaw.com.au/articles/entry/graffiti-artists-argue-building-destruction-is-contrary-to-moral-rights/

9 Comments Continue Reading →

Through The Lens With David Russell – March 2014

So much happens on the street in one month, my lens only captures a fraction of Melbourne’s ever changing walls.

To start the month we had Adnate with his amazing seven storey mural, towering over Hosier lane, I also managed to get a car-less shot of Conrad’s piece in  Artists Lane.

One of my favourite pieces was Mayo’s piece for the Park Street block party, I also got down to Trunk where Lucy Lucy was live painting, I managed to get a shot of Dvate’s piece at the Jam Factory.

And to round it off  a couple of mad pieces by Shida & Rsume, till next month guys.

 

 

IMG 3788 2 500x259 Through The Lens With David Russell March 2014 in street art genres photography genres art event photos paintups urban art painting genres melbourne inurban graffiti genres artist feature art urban art

Hosier Lane

Comments Off Continue Reading →

Interview – Silk Roy

The work of Silk Roy (aka Kid Silk) caught my eye a couple of years ago – and from that point onwards I was hooked on his work. As an artist whose first exposure to graffiti was, like many others, riding the train network of Melbourne back in the 90s, his passion ran a familiar course from bombing to piecing, and over the past decade or more he has consistently expanded his skills and outlook to further his craft.

There’s a lot of beautiful abstraction in the linework and colouring of Silks works – from his extruded lettering to some of his Miro-esque works on paper and canvas, he is an artist that doesn’t shy away from experimenting and pushing his style – which he acknowledges with his love for the Graffuturism movement. Vibrant colours interspersed with the familiar graffitied calligraphic signings, not only portrays his current skills as an artist, but also gives way-markers as to where his style may evolve to in the future. This is an aspect that isn’t always seen in an artist who already has a definable style. Often, these artists hone themselves further and become increasingly technical in their approach, whereas with Silk, you get the feeling that what he has already produced is just a brief stopover from where he is going – and that is a pretty fkn exciting element to see in an artists work.

This is one of the reasons why we love his work – and one of the reasons why we really wanted to interview him ahead of his duo show with Putos. Silk Roy is one of the definitive examples of a modern Melbourne artist – open to influence, mindful of the past, and always reaching towards the future.

Check out all the low down on him and his work below, and enjoy …

1941312 622694267801963 307316765 o thumb Interview Silk Roy in street art genres painting genres melbourne illustration genres graphic design genres graffiti genres artist interviews artist feature

So where did you start creating artwork? Has it always been something that you’ve been interested in, or did it come to you at a definable moment in life?

Art became a driving force in my life after my introduction to Melbourne’s Graff scene. I moved here in 98′ and was instantly taken by the power and energy of it all.

It wasn’t too long before I was running around with a marker, but over the years that enthusiasm shifted to painting big walls, and now Graff really serves as my artistic foundation and influences everything else I do as an artist and person.

1451487 550048608404122 1832886172 n thumb Interview Silk Roy in street art genres painting genres melbourne illustration genres graphic design genres graffiti genres artist interviews artist feature

So, where did you get the moniker “Silk Roy from? Tell us a bit of the story behind the name :)

I used to write ‘Sure’, one day a friend was over and she asked if she could have a look at my book, she couldn’t read any of it so I asked her to look a little closer and try to decipher it, she was flicking through until she thought she had it and finally said … uhh Silky Fox?

After that, people started calling me Silk and later I added the ‘Roy’ which is part of my last name.

SR SEMIWILD3 thumb Interview Silk Roy in street art genres painting genres melbourne illustration genres graphic design genres graffiti genres artist interviews artist feature

In terms of aerosol work and stuff you do out on the streets – what is it about painting walls that you love, and what parts of the graffiti and street art culture do you particularly identify with?

I can honestly say I love all of it. I love the entire process, starting from scratch and building yourself up, learning new techniques, constantly pushing your style, catching walls with other artists, being constantly inspired, it’s nice to have something you wake up thinking about!

IMG 5952 Medium thumb Interview Silk Roy in street art genres painting genres melbourne illustration genres graphic design genres graffiti genres artist interviews artist feature

How about style? What got you inspired at first, and what continues to inspire you, in terms of other artists, today?

At first just seeing graffiti from the train on the way to school inspired me, but now I draw inspiration from all over the place, my surroundings, people, travel, music, the list goes on.

I’m constantly inspired by anyone who pushes their style in their chosen art form, I know that’s a really boring answer, but guys like Barry McGee and Smash137 really do it for me at the moment.

You do a bit of graphic design work, how does the commercial side of design intersect with your artistic creativity?

Graphic design was the logical step as a career choice, of course its a bit different when your dealing with clients with particular requirements, but the way I design is heavily influenced by my artistic background. I’m also getting into digital illustration which is a particularly enjoyable avenue of design.

IMG 5991 Medium thumb Interview Silk Roy in street art genres painting genres melbourne illustration genres graphic design genres graffiti genres artist interviews artist feature

Melbourne is one of those cities that just oozes creativity and inspiration – in what ways does it influence you? What other locations have had an impact on your work?

Simply put, I wouldn’t be where I am or doing what I’m doing if I hadn’t moved to Melbourne.

There is a definite creative vibe here, obviously the graff scene here is a constant inspiration, there’s talent and competition everywhere which definitely keeps me working hard. I’ve also been lucky enough to paint in places like NYC and LA which were incredibly powerful experiences.

sr set thumb Interview Silk Roy in street art genres painting genres melbourne illustration genres graphic design genres graffiti genres artist interviews artist feature

You’ve had a couple of group shows in the past, but how about solo endeavours? You have a show coming up with Putos, how does the work for this relate to the shows you’ve been a part of before? Tell us a bit more about it all.

As far as a solo show goes, that’s something I’ll be keen to do, but I’m not in a rush. Ill be taking my time on that front. Group shows with Studio 615 are a lot of fun, everyone in the group is accomplished in different media so coming together and being exposed to different thought processes are really beneficial to all of us. I use my involvement in the studio setting to develop work with a more experimental, abstracted vibe, more inline with Graff Futurism.

My Seasons Of Change show with Putos coming up lets me indulge in the graffiti side of things, and its a real honour to be involved with a series of shows that has showcased work by Melbournes best.

silk seasons thumb Interview Silk Roy in street art genres painting genres melbourne illustration genres graphic design genres graffiti genres artist interviews artist feature

Tell us a bit about both the negative experiences you’ve had, as well as the positive experiences in pursuing your creative passion? what drives you every day to continue doing what you love – it isn’t easy out there these days to push yourself forward, in what ways do strive to better, and hone, your skills?

It can be frustrating, there’s definitely days where I question myself and my style, but its necessary if you want to move forward. Passion is what keeps me moving, especially after those bad days its what gets me to pick myself up and go hard. As long as it feels right, Ill continue to do it, theres nothing like producing work that your happy with.

Tell us a bit about your work with the 615 crew? where is everything with that at the moment, are you guys still doing collab work together?

615 is myself, Sam Octigan, Michael Danischewski, Marcus Dixon and Doug Aldridge, we are a collective of creatives involved in different areas of art and I think that’s what gives us our edge, we can come together and really create something different, something I think our Time Flies show last September really reflected. At this point we focus on collaborative projects, we are in the beginning stages of putting together another group show set for the latter part of this year.

bsg set hi thumb Interview Silk Roy in street art genres painting genres melbourne illustration genres graphic design genres graffiti genres artist interviews artist feature

So, after this next show, what do you have planned for the rest of the year? What other projects are you aspiring to get done during 2014?

After this show, as always I’ll remain open to anything really – if its a creative outlet inline with what I want to do, I’m in!

Shout outs to everyone who continues to support and follow their passions!

Peace!

putosilk seasons thumb Interview Silk Roy in street art genres painting genres melbourne illustration genres graphic design genres graffiti genres artist interviews artist feature

Check out more from Silk Roy here!

Comments Off Continue Reading →