Edited by Jani McCutcheon and Fiona McGaughey
Chapter 12: Preserving street art and graffiti: can the law reconcile the (often conflicting) rights of artists, property owners and local communities?
The chapter highlights issues raised by attempts to preserve street and graffiti art. It does so by exploring whether street and graffiti artists could successfully oppose the removal or destruction of their works by relying on the moral right of integrity; and whether the heritagisation of these forms of art could also be a valuable legal option to conserve them. Cases where artists have tried to protect their works, and local councils and communities have attempted to conserve street artworks, will also be mentioned. The chapter concludes that a reasonable balance between the rights and interests of all stakeholders – artists, property owners and local communities – needs to be achieved, and that this is best undertaken by judges, or administrative bodies, equipped to grasp the specificity and complexity of each case.
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