RIDA 259 | 01-2019

Doctrine

Banksy or the art of conflicts of law

Noémie ENSER

Code : 259-D1
Keywords :
Work, applied art, Respect for the integrity (right to), integrity right, Destruction, Street art, Categories 

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Résumé

Banksy, contemporary artist whose works, after being displayed on city walls, are now sold in prestigious auction houses, seems to have set himself the task of questioning the relationship that everyone has with Art, and more precisely with the work of art, object of multiple legal realities. On one hand, street art, to which the artist owes his fame, sets the author against the owner of the work's medium and inextricably links creation and infringement. On the other hand, when Banksy destroys one of his works a few seconds after its auction, it is the artist's power over the work of art that does not belong to him anymore that must be questioned. Banksy's work highlights the impossible compromise between contradictory qualifications and, as a result, appears to be the ideal subject for a reflection on the rights disputes likely to arise on the object of art in which a work of art is embodied.

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