Twentieth International Conference on Technology, Knowledge, and Society

Abstract

Law, the invisible web of legislation and regulation that permeates all aspects of society, especially affects the physical environment through its considerable impact on cities, buildings and, surprisingly, even in the art that enriches the public realm. One of the least noticeable consequences of legal influence on art lies in copyright law, the protection of the ownership and subsequent reuse of original, creative ideas. The recent case involving Hermes, which successfully sued an artist for creating NFTs incorporating images of their iconic Birkin handbag, demonstrates the power of the law to control and restrict creative ideas within the visual arts. This influence is even more pronounced in public art, a medium created for maximum public accessibility and impact, which therefore has an even greater potential for influencing subsequent artworks and, potentially, attracting commensurate legal retribution. This paper explores the current variants of public art – statues, street art, murals etc. – and examines the laws that affect them. Through international comparison and by reference to recent legal cases in the United States, the United Kingdom, Germany, Italy, Canada and Spain, the mechanisms for the restraint of the free flow of artistic ideas are explored, and their impact on creativity in public art assessed.