Profiting From Stolen Street Art
July 31st, 2010A Missing Wall
During the Spring of 2010, the prolific and highly collected street artist Banksy apparently painted a mural on a wall in Detroit’s crumbling Packard automobile plant. Then, soon after, it was gone. It was not buffed, not painted over, not washed away. The entire wall it was painted on had been carefully removed. It turns out that a local art gallery was to blame, or thank (depending on your take on the rest of this story), for the disappearance. The 555 gallery thought it’d be a shame if this piece vanished, so they decided they’d move it to a safer, although private, location, where they could preserve and protect it from vandalism, or worse, from the savage thump of a wrecking ball.
Whose Rubble?
Many people cried foul, describing this act as theft (some claiming the intentionally public artwork has been stolen from the public domain, other that the physical wall, although nearly rubble itself, is still private property, deserving of respect). But as Jeremy Korzeniewski points out on autoblog.com, “As much as the city of Detroit would like to do something about the the 3,500,000-square-foot [abandoned] facility, nobody seems quite sure who owns the dilapidated building.” The massive chunk of real estate seems to be in some pretty complicated ownership limbo, providing a convenient narrative mirror for the dilemma brought to the surface during this ordeal over the ownership rights of street art.
The Property Problem
Part of what makes this topic difficult and interesting to articulate is the fact that much street art is done, in part, as protest against the perceived tyranny of private property. In some cases being thought of as a form of civil disobedience, breaking the rules to change the rules, introducing the world to a vision of what could exist. In the case of street art, the vision is a world decorated and annotated with the hopes and dreams, criticisms, humor, celebrations, mysteries, and challenges of the people who walk, work, and live in those streets. A world where creativity and expression are celebrated. A world that acts as a mirror into the collective hearts and minds of the society itself. Art that acts to negate the aesthetic rights of property owners in favor of the aesthetic rights of those most exposed.
Therefore, where private property is respected and protected, street art can only be seen as having a negative value, as being a criminal activity, and as being inherently corrosive to the social fabric of our cities. But, from a perspective where private property is seen as part of an infrastructure of exploitation and control, a grass roots reinvention of one’s own surroundings is seen as an empowering expression of hope.
Many graffiti kids are not necessarily steeped in the revolutionary political interpretations of their intuitive acts of rebellious art. In fact their personal tendencies might very well lean heavily in the opposite direction once the carrot of financial reward begins to grow in the fertile soil of urban mythology. How much does it cost to convert an act of protest into an act of support? How much does it cost to transform a critic of private property into a zealous defender of it? How much can your art crime be worth?
The complexity of such questions creates a rich platform of diverse opinions upon which to build powerfully controversial social experiments. It is therefore not uncommon for some to consider the [array of situations around the] Banksy brand, and others, as a kind of media theater delivering high potency doses of conceptual and civic irony to an unsuspecting audience throughout the socio-economic tapestry of our cities.
Susan Farrell of Art Crimes states it clearly when she says, “I have no idea how Banksy feels about this wall and its fate, but it’s important to consider that Banksy might actually be a performance artist doing street-media theater and not a stencil artist doing walls.”
Recursive Violations as Creative Context
While the actions of the 555 gallery is being defended as benevolent, some art thefts are simply done as selfish acts and the irony is unintended, as in this NYPOST article about actor Adam Shulman stealing a piece in broad daylight.
.
This one is a detailed account of someone trying (but failing) to steal a different Banksy wall. Apparently they got this far, then had to leave, but when they returned to finish the heist, someone else had scored the booty. The blog post is a plea for the second thieves to compensate the first thieves who did most of the hard physical labor.

But other times the irony is front and center, as with Property Games T-Shirts that feature collages made from photographs that claim copyright of images of other people’s graffiti on other people’s property. A theft of a theft of an art crime.

Then we have a community blog for people to post stories and examples of artwork being stolen, copied, misappropriated, etc. It’s wonderfully called You thought we wouldn’t notice. They have a section dedicated to intellectual property theft of graffiti.
Authenticity
After the city of Melbourne apologized for painting over yet another Banksy stencil, a slew of “copies” started cropping up but were discredited as fakes. How was the authenticity of the original one established? Authenticity also has to be considered when you realize people are selling some of this original (stolen, found, gifted) artwork for non-trivial sums of money (at the time of this posting, the Jamaican Banksy wall was back on the market for $50,000).
At least this rat is blunt enough to give us the cold hard truth on the question of authenticity!
(img by cidsoe)
Ephemeral Isn’t Synonymous with Unwanted
Another element of the active critique on banal architecture that graffiti manifests is one of stasis vs ephemerality. The built environment is created by artists who move from one project to the next, availing themselves of new challenges while not quite realizing the long term periods of inflexibility their buildings impose on those who are not fortunate enough to partake in a continually changing landscape of possibilities. There may be something deeply seeded in humanity that expects, craves, even needs, a certain level of change within our physical environment from time to time.
Graffiti artists quickly adjust to the fact that their work is not permanent, that it may be buffed or covered with another piece at any time. Some might presume that acceptance of the ephemeral nature of their work should automatically be interpreted as a general lack of interest in its fate. This presumption underestimates the subtle intuitive intelligence that any true artist has for the arcane contextual nuances within their particular practice. Basically, these guys are making this work every day, of course they think about the temporary nature of their art, and of course those realizations and thoughts seeps into the work itself on some level. If they are building examples of a new kind of world, it’s one that fluctuates and glistens from moment to moment with the changing interests and thoughts of the collective social entity that inhabits it. Moving this kind of work as an intended act of benevolence results in a preserved specimen captured from the wild and provides little more that a shallow spectacle, reinforcing the encroaching dominion of a culture which seeks to understand others through the analysis of decontextualized relics.
This work is more that just the visual image. We value the visual portion of the work because we live in a culture that has commoditized visual iconography, but we fail to value the context and site-specificity because we are not yet able to commoditize location and context. If the 555 gallery had some way to remove and preserve the entire area in which the discussed mural was originally situated, I’m sure they would have. As we stand today, context is simply something we are willing to forfeit. But context is so much more that just the physical surroundings of a piece of street art, it also includes the contemporary prevailing social and economic climate, the legal and political landscape, the fickle vernacular interpretation of short and long term historical destiny, the time line of ancestral artwork on that particular wall, the life and circumstances of the artist at the time of, and since the creation of the artwork, as well as so many other interconnected layers of information. There aren’t current methods available for preserving or even recognizing all the pertinent contextual forces that come into play for the formation of this type of artwork which uses context as a core part of its concept.
Attention Economy
While some interpretations may attribute ideological ardor as the primary drive to produce ephemeral street art, others point to the more fundamental human desire for attention and appreciation. Putting artwork on the streets, with all it’s dangers and pitfalls, may simply provide the quickest and most efficient route to artistic recognition. After all, the streets thrive without curators, committees, or resumes. The streets offer direct access to a huge variety of eyeballs.
All this talk about assumed motivation is here simply to demonstrate how a variety of responses could emerge to the guerrilla collection of guerrilla art, and how the experience of having your own artwork stolen could be a gigantic ego boost in the quest for validation and relevance. If your art is already on display for free, and people still feel the need to snatch it up, to hoard it, there is surely some trickle of pride coming along as well.
Evolving Values
Vandalog takes a rational and balanced view of these topics, bringing into perspective a very important idea: in the future, people will think of these issues very differently.
Will new economic forms evolve around these questions?
Edge cases sometimes become normative.
[update]
It occurred to me a day after posting this that I may not have clearly articulated something critical about all of this debate. So many of the arguments around street art, rights, property, preservation, context see to take it for granted that there is actually such a thing as a “right answer” or a “right position”. While listening to a fascinating lecture by historian Frank Gavin I was struck by the pragmatic way in which so many very difficult decisions need to be made. The notion of what’s “the right choice” is incredibly flexible depending on the myriad of pressures and obstacles that relate to the outcome and impacts of the decisions. One choice impacts many other choices. The road to a functioning and satisfying future doesn’t depend so much on what’s best for the current players in the direct present, but on the complex web of interactions that those choices are apart of, now and in the future.
Maybe it’s not about “what’s right” but about “what’s best”.




