Street and Graffiti Art between Augmented Reality and Artificial Intelligence: A Copyright Perspective

Abstract

The street art and graffiti scenes are under the influence of constantly developing technologies including augmented reality (AR) and artificial intelligence (AI). The interaction between AR / AI and these forms of art can materialise in several ways. The artists themselves can use these technologies to enhance or modify their works, but more often the interaction happens because others find street art and graffiti to be interesting forms of input data or backdrops for their own digital creations.

The article first acknowledges the developments in AR and AI and includes examples of such technologies as applied to street and graffiti art. It then addresses copyright and moral rights’ issues arising from this interaction, focusing on (amongst others) (i) whether works derived from street and graffiti pieces by using AR and AI may be protected by copyright; (ii) copyright infringement and defences; and (iii) the freedom of panorama exception. As to the best of our knowledge no case has been decided on these aspects, there is some speculation on how judges may face such issues, and on how AR and AI could impact on the development of these artistic movements.

Keywords: street art, graffiti, copyright, moral rights, virtual freedom of panorama

JEL Classification: K11