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ARTICLE · 18 MAY 2016

Illegality Doesn't Negate Copyright Protection

Take the case of Joseph Tierney, known in the world of graffiti by the pseudonym RIME.

United StatesIntellectual Property

Is graffiti illegal vandalism or protected art? It could be both.

Take the case of Joseph Tierney, known in the world of graffiti by the pseudonym RIME. Based on an interview he gave to Steez magazine several years ago, RIME, also known as Jersey Joe, began painting graffiti before he went to high school and eventually decided that graffiti art was his life's calling.

In the interview, Tierney spoke of the legality or illegality of his work as if it were just another artistic factor: "Each time I spray paint, it's different. Different factors relating to whether or not it's legal or illegal, what kind of surface I'm painting on, how long I think I want to paint for, as well as whether or not I'm feeling creative."  One example of his work, a video posted by an art gallery, shows him picking an abandoned brick building for a graffiti art piece he later titles "Vandal Eyes." By all appearances, "Vandal Eyes" was vandalism —– a situation where Tierney simply painted

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