Moral Rights And Contractual Gaps: The Case Of A Hidden Mural

Montréal is home to a significant number of street art murals that form part of its urban landscape and contribute to its distinct identity. Artists are commissioned to create murals that enhance the aesthetic character of a building and the broader neighbourhood. However, the artist's desire to preserve their work can conflict with subsequent redevelopment plans of property owners. When questions arise regarding the extent to which artists can protect the integrity of their street art, moral rights under the Copyright Act are key. The decision in Bachand c Mural underscores the importance of considering moral rights when commissioning public art.

The facts in Bachand c Mural

An artist who created a mural in Montréal discovered, six years later, that it was no longer visible to the public because a new building had been constructed against the wall on which it appeared. Consequently, the artist launched an action against both the property owner and the