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ARTICLE · 11 SEPTEMBER 2018

Is Graffiti Protected By Copyright?

There are three terms commonly used to describe this kind of art – street art, graffiti and vandalism.

South AfricaMedia, Telecoms, IT, Entertainment

Graffiti is no longer considered to be vandalism and destruction of public property, with fashion labels and major corporations using it in their advertising campaigns. There are three terms commonly used to describe this kind of art – street art, graffiti and vandalism.

Street art is an umbrella term for most public art (legal and illegal), and includes commissioned murals, graffiti and public art displays.

Graffiti is merely illicit public art, generally spray-painted murals, writings or drawings, which does not have the prior permission of the property owner, whereas vandalism is any wilful destruction of property, which is how many people perceive graffiti.

Overall, these art forms have now become a marketable commodity, although their legal status as art has not been established. Can graffiti be protected by copyright? And what about the commercial use of the artists' work?

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