Actually Chloe...I don't think that's true. At least not with US copyright law. I'm not sure what the laws are in England or Canada, but If this stencil painting was done here in the US, I'm fairly sure the artist would own the rights to it. Whether he painted it on an illegal surface is besides the point. It is still his creation and therefore automatically copyrighted.
It's probably a mute point anyway because what grafitti artist is gonna come forward and sue for copyright infringement.
But it's an interesting scenario.
Where's JAG when you need him?
Of course it might be worth it depending on who copied his art?
My big question would be whether or not this would be copyrightable because it's grafitti? He created the stencils so he may have a claim there. If so, the Photograpgher had no right to photograph it and distribute the photo to a stock site.
Let's say this was a poster. the fact that Bansky used the Mona Lisa does not mean he wouldn't own the copyright to this work. In this form, it's still an original creation by him.
That doesn't mean he couldn't be sued by whoever owns the copyright to the Mona Lisa (If someone actually does? I'm pretty sure the Mona Lisa has fallen into public domain).
"better hope banksy doesn't read it."
banksy's defaced half of London (and yes...that's a good thing). I'm quite sure he's not contacting lawyers about copyright infringement. It's not like he drew the Mona Lisa now is it? When your focus is propaganda art, the best you could hope for is that someone would keep spreading it around.
This is where it get's interesting.
Did the Photographer get the rights to it? Does he need permission if it's graffiti? Or does that make it fair game?
Either way, Maynard should be off the hook. The Photographer and the stock web site might not be though.
The photo I used is from a free stock photo archive available at: http://stock.d2.hu/index.phtml and used completely within the policies and rules of the site. I didn't know where the image of the wall came from, but did email the photographer without response. Anyone know Banksy's email address so that i can email him? Thx.