Who owns street art?

The Times is reporting that one of Banksy‘s public art works, “Flower Girl,” which features the silhouette of a girl peering up at a security camera, is going to be auctioned soon by Julien’s Auctions in Beverly Hills, California. According to the Times, Banksy, a street artist from Britain, had stenciled the mural on a wall of a gas station in Los Angeles in 2008.

prior probability asks, doesn’t street art belong to the public, and if so, is this proposed auction legal?

Julien’s Auctions, via Associated Press
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About F. E. Guerra-Pujol

When I’m not blogging, I am a business law professor at the University of Central Florida.
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3 Responses to Who owns street art?

  1. The Professors Wife's avatar The Professors Wife says:

    I guess the owner of the building owns the art done on their property. Street art would be on a public street or building and not a private building.

    • F. E. Guerra-Pujol's avatar enrique says:

      That is a good answer, but it is not the correct one. What if I own a canvas and some paint and brushes, and these supplies are then stolen by A, an artist who then uses them to create a valuable work of art. Yes, I still own the canvas and the paint, but A owns the rights to his artistic creation … the Napoleonic Code offers one solution to this problem (give the painting to the artist, but make him pay for my supplies) … What do you think of this solution?

  2. The Professors Wife's avatar The Professors Wife says:

    I think this is a great solution Enrique. However there has to be a rule of property law that solves this question. I do agree with the Napoleonic Code.

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