Copyright in Street Art and Graffiti in the Netherlands

Abstract

Graffiti and street art is ubiquitous – it may even be one of the fastest expanding artistic movements. According to a Dutch daily evening newspaper, the presence of graffiti and street art in Amsterdam and Rotterdam has increased significantly between 2014 and 2016. The number of square meters of graffiti on metro trains in Amsterdam alone rose by 50 % (from 6.000 to 9.000 square meters) during these years. In particular Amsterdam has become one of the most influential graffiti and street art scenes in the world: it actively hosts exhibitions of graffiti and street art.

This paper explores to what extent Dutch copyright law protects street and graffiti art, and in particular how Dutch law balances the interests of street artists and property owners. We examine
whether street art and graffiti are eligible for copyright protection, in particular tags, throw- ups, graffiti- style letters and more elaborate forms of street art. The moral rights of street artists are discussed in detail, and in particular whether the artists can enforce the attribution or paternity right, for example, when a photographic book includes a picture of an artwork without acknowledgment. We also discuss whether artists can invoke the integrity right to prevent: (a) the destruction of their works, for instance the whitewashing of the mural; and (b) their removal for the purposes of being exhibited and/ or offered for sale in indoor environments. Finally, copyright protection for illegally created street art and graffiti is addressed and whether the paternity and the integrity right
of illegally created works can be enforced.

Keywords: intellectual property, graffiti, street art, the Netherlands, property rights

JEL Classification: K19, K11