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Vol 24 No 5 May/June 2019

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Remedies for Torts, Breach of Contract, and Equitable Wrongs

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Copyright Beyond Law: Regulating Creativity in the Graffiti Subculture

ISBN13: 9781509927944
Published: March 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £35.00
Hardback edition , ISBN13 9781849467773

Despatched in 12 to 14 days.

The form of graffiti writing on trains and walls is not accidental. Nor is its absence on cars and houses. Employing a particular style of letters, choosing which walls and trains to write on, copying another writer, altering or destroying another writer’s work: these acts are regulated within the graffiti subculture.

Copyright Beyond Law presents findings from empirical research undertaken into the graffiti subculture in London to show that graffiti writers informally regulate their creativity through a system of norms that are remarkably similar to copyright.

The ‘graffiti rules’ and their copyright law parallels include: the requirement of writing letters (subject matter) and appropriate placement (public policy and morality exceptions for copyright subsistence and the enforcement of copyright), originality and the prohibition of copying (originality and infringement by reproduction), and the prohibition of damage to another writer’s works (the moral right of integrity).

The intersection between the ‘graffiti rules’ and copyright law sheds light on the creation of subculture-specific commons and the limits of copyright law in incentivising and regulating the production and location of creativity.

Intellectual Property Law
Panel I: Context
1. Graffiti History and Development
2. Copyright, Creativity and Commons
3. Methodology: Reflections on Fieldwork
Panel II: Form
4. Copyright-Subject Matter
5. Graffiti Rules-Write Letters, Choose Spots
Panel III: Copying
6. Copyright-Originality and Infringement
7. Graffiti Rules-Be Original, Don't Bite
Panel IV: Reputation
8. Moral Rights
9. Graffiti Rules-Don't Go Over
Panel V: Interactions
10. Graffiti Rules and Copyright Law