In his 2005 book, Wall and Piece, Banksy famously wrote that “copyright is for losers,” underpinning his anti-establishment stance. However, despite this claim regarding copyright, Banksy may need to use copyright infringement if he wants to prevent Guess from further using his work without his permission. Recently, Banksy has claimed that Guess has used his designs without his permission for a new collection (picture below). He posted on Instagram, encouraging shoplifters to steal from Guess, as Guess had essentially stolen from him (I have attached the post below). I found an interesting article regarding how Banksy’s anonymity may prevent him from claiming copyright protection. As alternatives, the article discusses how trademarks and passing off may be used.
Here are a few articles on the matter:
https://news.northeastern.edu/2022/12/02/banksy-anonymity/
https://www.bbc.com/news/entertainment-arts-63682298
Communications Law
This is so funny but also points to how important copyright is! I think Banksy’s anonymity would not cause issues in gaining copyright registration or protection as he could pursue it under some pseudonym or company name. On top of that, the work that Guess is copying is so recognizable the case is clearly in Banksy’s favour. Although not the most effective strategy for remedy, Banksy may continue to appear anti-establishment and call for theft of Guess whilst also discreetly pushing for copyright protection in the legal (and non criminal) realm of copyright. I guess banksy is a loser (just kidding).
And yet another non-fictional Banksy copyright related story..https://www.sandiegouniontribune.com/entertainment/visual-arts/story/2022-12-04/banksyland-and-the-proliferation-of-the-immersive-art-experience