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(BBC-US)   Court rules that if Banksy won't break anonymity to file for copyright, then anyone else who wants to can start selling his art   (bbc.com) divider line
    More: Interesting, Trademark, Copyright, Property, Intellectual property, copyright laws, European Union trademark office, Intellectual property law, EU Intellectual Property Office  
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4029 clicks; posted to Main » on 17 Sep 2020 at 3:35 PM (18 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2020-09-17 3:20:43 PM  
Fark user imageView Full Size
 
2020-09-17 3:33:57 PM  
Fark user imageView Full Size
 
2020-09-17 3:39:10 PM  
That is how copyright works. Without registration you can't get damages, but you can stop future sales.

Hint: Banksy Inc is an easy end run.
 
2020-09-17 3:39:31 PM  
I AM SPARTACUS...and Banksy.
 
2020-09-17 3:40:50 PM  
This opens him up to being copied ... by complete douchebags who can't come up with their own original stuff.

I suppose if there's someone in the world Banksy trusts, he could have that person file, own and protect the copyrights for everything?
 
2020-09-17 3:41:32 PM  
i.ytimg.comView Full Size


I AM THE BANKSY!
 
2020-09-17 3:42:13 PM  
LOL.
Tell me again, that freedom is real?
Nope.
We're  free only in the sense that we can choose to follow the rules and prosper or not follow the rules and suffer that's the only thing we're free to do
choose between a positive or the negative.
Freedom would be more nuanced than that
 
2020-09-17 3:42:24 PM  

The knight who says EkiEkiPoontang: That is how copyright works. Without registration you can't get damages, but you can stop future sales.

Hint: Banksy Inc is an easy end run.


Hint: They need to know who runs Banksy Inc. or at least they do if you ever want to get paid for those damages. I ran into this issue once. I opted to protect my anonymity because it wasn't worth dealing with a stalker that was harassing me at the time.
 
2020-09-17 3:44:07 PM  

DevilGirlFromMars: The knight who says EkiEkiPoontang: That is how copyright works. Without registration you can't get damages, but you can stop future sales.

Hint: Banksy Inc is an easy end run.

Hint: They need to know who runs Banksy Inc. or at least they do if you ever want to get paid for those damages. I ran into this issue once. I opted to protect my anonymity because it wasn't worth dealing with a stalker that was harassing me at the time.


You can't assign the copyright to an anonymous trust?
 
2020-09-17 3:46:18 PM  

DevilGirlFromMars: The knight who says EkiEkiPoontang: That is how copyright works. Without registration you can't get damages, but you can stop future sales.

Hint: Banksy Inc is an easy end run.

Hint: They need to know who runs Banksy Inc. or at least they do if you ever want to get paid for those damages. I ran into this issue once. I opted to protect my anonymity because it wasn't worth dealing with a stalker that was harassing me at the time.


Banksy inc is owned by Banksy Panama Inc. Which has corporate secrecy, pays no taxes etc.

Who is 'They'? 'They' generally pay the corporation, then the money goes round and round. Where it lands is nobodies business but the stockholders, maybe the IRS.
 
2020-09-17 3:47:28 PM  
Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.
 
2020-09-17 3:48:24 PM  
The ruling quoted from one of his books, in which he said "copyright is for losers".

Oops.
 
2020-09-17 3:49:24 PM  
This is obviously a thinly veiled attempt to out Banksy so they can arrest him on whatever BS pretence because "Of the common good" IE because he, in no uncertain terms, told you all to f#ck right off. And we can't have you going around looking like a fool...at least so publicly.

This reminds me of when Tommy Chong was arrested. Between the obvious entrapment and totally shoe-string case it was for no other purpose than to get Reganites a hardon and to pat themselves on the back for jailing "that dirty hippy"...

And people wonder why shiat gets set on fire and people riot
 
2020-09-17 3:50:33 PM  
Wow! Anti-Banksy people.
I think this is unfortunate for him but expected kinda with wanting to be anonymous yet still be a legal copyright holder. That said there's always a building, a parcel of land, shares in stock that are owned by shell corporation nested in 10 other shells and we don't know who 'owns' them.
 
2020-09-17 3:51:34 PM  

GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.


Did Banksy fark your husband or something?
 
2020-09-17 3:54:11 PM  
You all need to

Fark user imageView Full Size
 
2020-09-17 3:55:31 PM  
Meh, he makes art. Let me know when he unifies quantum physics with general relativity. Then I'll be impressed.
 
2020-09-17 3:59:57 PM  

asmodeus224: GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.

Did Banksy fark your husband or something?


Why do you think it's a good idea that someone stay anonymous while reaping the benefits of not being so? Can you not think of the kind of abuse and corruption that would create? Society does not benefit from business being conducted anonymously.
 
2020-09-17 4:01:33 PM  

Carousel Beast: asmodeus224: GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.

Did Banksy fark your husband or something?

Why do you think it's a good idea that someone stay anonymous while reaping the benefits of not being so? Can you not think of the kind of abuse and corruption that would create? Society does not benefit from business being conducted anonymously.


Unless your real name is Carousel Beast, aren't you being a wee bit hypocritical?
 
2020-09-17 4:03:13 PM  

EdgeRunner: Carousel Beast: asmodeus224: GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.

Did Banksy fark your husband or something?

Why do you think it's a good idea that someone stay anonymous while reaping the benefits of not being so? Can you not think of the kind of abuse and corruption that would create? Society does not benefit from business being conducted anonymously.

Unless your real name is Carousel Beast, aren't you being a wee bit hypocritical?


Unless he's deriving income from his posts, then no, he's not.
 
2020-09-17 4:03:46 PM  

tyyreaunn: DevilGirlFromMars: The knight who says EkiEkiPoontang: That is how copyright works. Without registration you can't get damages, but you can stop future sales.

Hint: Banksy Inc is an easy end run.

Hint: They need to know who runs Banksy Inc. or at least they do if you ever want to get paid for those damages. I ran into this issue once. I opted to protect my anonymity because it wasn't worth dealing with a stalker that was harassing me at the time.

You can't assign the copyright to an anonymous trust?


I wasn't able to but I was also not a huge presence like Bansky. It would have cost me way more to preserve my security (anonymity) than I would have made.
 
2020-09-17 4:04:24 PM  

dittybopper: EdgeRunner: Carousel Beast: asmodeus224: GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.

Did Banksy fark your husband or something?

Why do you think it's a good idea that someone stay anonymous while reaping the benefits of not being so? Can you not think of the kind of abuse and corruption that would create? Society does not benefit from business being conducted anonymously.

Unless your real name is Carousel Beast, aren't you being a wee bit hypocritical?

Unless he's deriving income from his posts, then no, he's not.


Don't think I need to reply at this point :)
 
2020-09-17 4:04:59 PM  

EdgeRunner: Carousel Beast: asmodeus224: GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.

Did Banksy fark your husband or something?

Why do you think it's a good idea that someone stay anonymous while reaping the benefits of not being so? Can you not think of the kind of abuse and corruption that would create? Society does not benefit from business being conducted anonymously.

Unless your real name is Carousel Beast, aren't you being a wee bit hypocritical?


He's conducting business on Fark?
 
2020-09-17 4:05:15 PM  

waxbeans: LOL.
Tell me again, that freedom is real?
Nope.
We're  free only in the sense that we can choose to follow the rules and prosper or not follow the rules and suffer that's the only thing we're free to do
choose between a positive or the negative.
Freedom would be more nuanced than that



This is the same even if you are the only human on earth.
Everyone either understand and incorporates the realities of their world into their decision mkaing process, or their outcomes are presumed to suffer failure.

Don't keep warm when  it is cold and wet, you will suffer illness. But you are still free to choose to be cold and wet. You never get to be free of the consequences of your actions, relative to the knowable reality of your world.

Be that the physics or cultural influecns of the world, they are all the same.
Free to be ignored, but not free of the consequences of ever.

This is why few people understand freedom, they imagine it includes being free of any consequences of their own actions relative to the reality of the world they are simply ever subject to.
.
 
2020-09-17 4:05:38 PM  
Court: BOOM, HEADSHOT

Fark user imageView Full Size
 
2020-09-17 4:05:59 PM  
Catch 22: As soon as his identity is known the value of his art will drop to zero.

And its most likely a group of people not one guy.
 
2020-09-17 4:08:30 PM  

dothemath: its most likely a group of people not one guy.


Good enough for the old masters, good enough for Banksy.
 
2020-09-17 4:08:49 PM  

Capt_Clown: This is obviously a thinly veiled attempt to out Banksy so they can arrest him on whatever BS pretence because "Of the common good" IE because he, in no uncertain terms, told you all to f#ck right off. And we can't have you going around looking like a fool...at least so publicly.

This reminds me of when Tommy Chong was arrested. Between the obvious entrapment and totally shoe-string case it was for no other purpose than to get Reganites a hardon and to pat themselves on the back for jailing "that dirty hippy"...

And people wonder why shiat gets set on fire and people riot


*^^^^^^^^^^
This.
You shucklehead cheap
 
2020-09-17 4:09:27 PM  

BunkyBrewman: You all need to

[Fark user image image 503x753]


I read somewhere this isn't even really a thing
 
2020-09-17 4:09:56 PM  

OldJames: Meh, he makes art. Let me know when he unifies quantum physics with general relativity. Then I'll be impressed.


Yeah and the world needs a million lawyers too
 
2020-09-17 4:09:58 PM  

The knight who says EkiEkiPoontang: DevilGirlFromMars: The knight who says EkiEkiPoontang: That is how copyright works. Without registration you can't get damages, but you can stop future sales.

Hint: Banksy Inc is an easy end run.

Hint: They need to know who runs Banksy Inc. or at least they do if you ever want to get paid for those damages. I ran into this issue once. I opted to protect my anonymity because it wasn't worth dealing with a stalker that was harassing me at the time.

Banksy inc is owned by Banksy Panama Inc. Which has corporate secrecy, pays no taxes etc.

Who is 'They'? 'They' generally pay the corporation, then the money goes round and round. Where it lands is nobodies business but the stockholders, maybe the IRS.


"They" = the bank that eventually cuts you the check for any damages you are awarded.

I wasn't operating with the mindset of a corporation and I am willing to bet a lot of artists don't. Stockholders are not something I care about or ever care to deal with.

It's very difficult for independent artists who operate anonymously to not have their work stolen. Fortunately, most people who steal are easily scared off with a cease and desist.
 
2020-09-17 4:10:51 PM  

dittybopper: EdgeRunner: Carousel Beast: asmodeus224: GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.

Did Banksy fark your husband or something?

Why do you think it's a good idea that someone stay anonymous while reaping the benefits of not being so? Can you not think of the kind of abuse and corruption that would create? Society does not benefit from business being conducted anonymously.

Unless your real name is Carousel Beast, aren't you being a wee bit hypocritical?

Unless he's deriving income from his posts, then no, he's not.


Income tax aside, what's wrong with making money anonymously?
Many people talk about that in lottery threads.
As long as a business is legal and ethical, what right to knowing the owners is there?
 
2020-09-17 4:11:08 PM  

lennavan: This opens him up to being copied ... by complete douchebags who can't come up with their own original stuff.

I suppose if there's someone in the world Banksy trusts, he could have that person file, own and protect the copyrights for everything?


Banksy's art is insipid and made for housewives in Croydon to discuss over tea.
 
2020-09-17 4:12:58 PM  

PvtStash: waxbeans: LOL.
Tell me again, that freedom is real?
Nope.
We're  free only in the sense that we can choose to follow the rules and prosper or not follow the rules and suffer that's the only thing we're free to do
choose between a positive or the negative.
Freedom would be more nuanced than that


This is the same even if you are the only human on earth.
Everyone either understand and incorporates the realities of their world into their decision mkaing process, or their outcomes are presumed to suffer failure.

Don't keep warm when  it is cold and wet, you will suffer illness. But you are still free to choose to be cold and wet. You never get to be free of the consequences of your actions, relative to the knowable reality of your world.

Be that the physics or cultural influecns of the world, they are all the same.
Free to be ignored, but not free of the consequences of ever.

This is why few people understand freedom, they imagine it includes being free of any consequences of their own actions relative to the reality of the world they are simply ever subject to.
.


Obviously and that's beside the point

At the end of the day if one of the options is death then that's not really an option

Death is a force and you're not able to accept or not accept it

But at the end of the day that's still beside the point

You can't put a gun to my head and then say I'm free too be killed or not be killed
you're the one that's got the gun to my head

A gun to my head and jumping off the side of a building are not the same thing
 
2020-09-17 4:13:13 PM  

Capt_Clown: This is obviously a thinly veiled attempt to out Banksy so they can arrest him on whatever BS pretence because "Of the common good" IE because he, in no uncertain terms, told you all to f#ck right off. And we can't have you going around looking like a fool...at least so publicly.

This reminds me of when Tommy Chong was arrested. Between the obvious entrapment and totally shoe-string case it was for no other purpose than to get Reganites a hardon and to pat themselves on the back for jailing "that dirty hippy"...

And people wonder why shiat gets set on fire and people riot


Why would anyone want to arrest someone as milquetoast as banksy?
 
2020-09-17 4:13:18 PM  
In other words, some pricks are stealing his art for their own profits and using his desire to stay anonymous to get away with it. The company is called "Full Colour Black". I googled them and their main promotion is "we sell Banksy cards". Assholes.
 
2020-09-17 4:13:29 PM  

dothemath: Catch 22: As soon as his identity is known the value of his art will drop to zero.

And its most likely a group of people not one guy.


I thought the identity of Banksy is one of the worst-kept secrets in the world.  Isn't he one of those british musicians, from Radiohead, or something?
 
2020-09-17 4:14:35 PM  

Resident Muslim: dittybopper: EdgeRunner: Carousel Beast: asmodeus224: GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.

Did Banksy fark your husband or something?

Why do you think it's a good idea that someone stay anonymous while reaping the benefits of not being so? Can you not think of the kind of abuse and corruption that would create? Society does not benefit from business being conducted anonymously.

Unless your real name is Carousel Beast, aren't you being a wee bit hypocritical?

Unless he's deriving income from his posts, then no, he's not.

Income tax aside, what's wrong with making money anonymously?
Many people talk about that in lottery threads.
As long as a business is legal and ethical, what right to knowing the owners is there?


Well, I wasn't taking a stand on that either way.  I've never actually given it any real thought.

I was only speaking to whether Carousel Beast was being hypocritical for saying that people shouldn't be able to make money anonymously while posting with a pseudonym.  And that's not hypocritical, unless he makes money posting on Fark.
 
2020-09-17 4:15:26 PM  
Robert Del Naja, of Massive Attack.
 
2020-09-17 4:15:33 PM  

Capt_Clown: This is obviously a thinly veiled attempt to out Banksy so they can arrest him on whatever BS pretence because "Of the common good" IE because he, in no uncertain terms, told you all to f#ck right off. And we can't have you going around looking like a fool...at least so publicly.

This reminds me of when Tommy Chong was arrested. Between the obvious entrapment and totally shoe-string case it was for no other purpose than to get Reganites a hardon and to pat themselves on the back for jailing "that dirty hippy"...

And people wonder why shiat gets set on fire and people riot


I'm so mad about what powerful people do that I'm going to set this convenience store on fire, unemploy the minimum wage workers who worked there, and deprive some random guy who's probably a first generation immigrant of his livelihood.  That'll show 'em!
 
2020-09-17 4:15:43 PM  

mononymous: dothemath: Catch 22: As soon as his identity is known the value of his art will drop to zero.

And its most likely a group of people not one guy.

I thought the identity of Banksy is one of the worst-kept secrets in the world.  Isn't he one of those british musicians, from Radiohead, or something?


I thought it was Jamie Farr.
 
2020-09-17 4:19:05 PM  

recombobulator: Capt_Clown: This is obviously a thinly veiled attempt to out Banksy so they can arrest him on whatever BS pretence because "Of the common good" IE because he, in no uncertain terms, told you all to f#ck right off. And we can't have you going around looking like a fool...at least so publicly.

This reminds me of when Tommy Chong was arrested. Between the obvious entrapment and totally shoe-string case it was for no other purpose than to get Reganites a hardon and to pat themselves on the back for jailing "that dirty hippy"...

And people wonder why shiat gets set on fire and people riot

I'm so mad about what powerful people do that I'm going to set this convenience store on fire, unemploy the minimum wage workers who worked there, and deprive some random guy who's probably a first generation immigrant of his livelihood.  That'll show 'em!


You can't say actions have consequences and then be annoyed that your actions cause you to suffer the consequence of someone burning down your establishment all actions have consequences positive and negative sometimes you're good behavior has a consequence of making you the target of reprisal it's still a consequence I don't know why
people use the word consequence when they are actually mean punitive reprisal and/or punishment for perceived bad Acts not everything has a bad consequence sometimes you like those consequences sometimes you hate those consequences sometimes they'll consequences are wealth sometimes those consequences are your head being chopped off now go eat some cake
 
2020-09-17 4:19:29 PM  

DevilGirlFromMars: The knight who says EkiEkiPoontang: DevilGirlFromMars: The knight who says EkiEkiPoontang: That is how copyright works. Without registration you can't get damages, but you can stop future sales.

Hint: Banksy Inc is an easy end run.

Hint: They need to know who runs Banksy Inc. or at least they do if you ever want to get paid for those damages. I ran into this issue once. I opted to protect my anonymity because it wasn't worth dealing with a stalker that was harassing me at the time.

Banksy inc is owned by Banksy Panama Inc. Which has corporate secrecy, pays no taxes etc.

Who is 'They'? 'They' generally pay the corporation, then the money goes round and round. Where it lands is nobodies business but the stockholders, maybe the IRS.

"They" = the bank that eventually cuts you the check for any damages you are awarded.

I wasn't operating with the mindset of a corporation and I am willing to bet a lot of artists don't. Stockholders are not something I care about or ever care to deal with.

It's very difficult for independent artists who operate anonymously to not have their work stolen. Fortunately, most people who steal are easily scared off with a cease and desist.


In a personal holding company, you are the only stockholder. That is a little dangerous, the IRS no like. If you've got kids, there's the answer.

All kinds of shenanigans you can do. Corporate 'you' can pretax 'work expenses' (like your entire rent, hookers, blow and booze budget, if you've got the guts). Only send a 10-99 to wetware 'you' for peanuts.

Careful where you incorporate. Nevada and Delaware are popular choices.
 
2020-09-17 4:20:14 PM  

Carousel Beast: asmodeus224: GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.

Did Banksy fark your husband or something?

Why do you think it's a good idea that someone stay anonymous while reaping the benefits of not being so? Can you not think of the kind of abuse and corruption that would create? Society does not benefit from business being conducted anonymously.


I think it really boils down to why does the person want to stay anonymous. Do they want to stay anonymous to hide criminal activity or are they hiding their identity for security? Some people are incredibly creative and capable of great things but do not want to deal with fame. Fame is not fun. There are absolutely legitimate reasons why an individual might not want their true identity known. There should be a way to, at the very least, copyright one's work under one's stage name. If legal action should ever need to be taken, all precautions should be made to not release the identity to the public.
 
2020-09-17 4:21:35 PM  
Fark user imageView Full Size

Fark user imageView Full Size

      ~ Cavesky
 
2020-09-17 4:25:13 PM  

DevilGirlFromMars: Carousel Beast: asmodeus224: GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.

Did Banksy fark your husband or something?

Why do you think it's a good idea that someone stay anonymous while reaping the benefits of not being so? Can you not think of the kind of abuse and corruption that would create? Society does not benefit from business being conducted anonymously.

I think it really boils down to why does the person want to stay anonymous. Do they want to stay anonymous to hide criminal activity or are they hiding their identity for security? Some people are incredibly creative and capable of great things but do not want to deal with fame. Fame is not fun. There are absolutely legitimate reasons why an individual might not want their true identity known. There should be a way to, at the very least, copyright one's work under one's stage name. If legal action should ever need to be taken, all precautions should be made to not release the identity to the public.


Honestly I assume they're hiding their identity out of embarrassment.  They have real talent and obviously make real art based on some banksy works, but most of it is so generic and should just be on birthday cards you buy at target and urban outfitters.
 
2020-09-17 4:28:48 PM  

dittybopper: Resident Muslim: dittybopper: EdgeRunner: Carousel Beast: asmodeus224: GrogSmash: Ha Ha!

You want to stay in the shadows, and even destroy your artwork after it is sold...  well, this is the price.

Own up... which will destroy the image, and value of anything you've made... or suffer.

The value of your art is based on the fact that you are anonymous...  and that has real world issues you cant just paint away.

Did Banksy fark your husband or something?

Why do you think it's a good idea that someone stay anonymous while reaping the benefits of not being so? Can you not think of the kind of abuse and corruption that would create? Society does not benefit from business being conducted anonymously.

Unless your real name is Carousel Beast, aren't you being a wee bit hypocritical?

Unless he's deriving income from his posts, then no, he's not.

Income tax aside, what's wrong with making money anonymously?
Many people talk about that in lottery threads.
As long as a business is legal and ethical, what right to knowing the owners is there?

Well, I wasn't taking a stand on that either way.  I've never actually given it any real thought.

I was only speaking to whether Carousel Beast was being hypocritical for saying that people shouldn't be able to make money anonymously while posting with a pseudonym.  And that's not hypocritical, unless he makes money posting on Fark.


By that standard, if I buy any fellow Farkers a TF membership due to their posts, I should be entitled to know their real names because I've tossed money in their direction. They've profited after a fashion, haven't they?

Personally I don't see the harm in Banksy staying anonymous, regardless of whether he makes money off his art or gives it all away. As long as his lawyers know who he is, the rest of us don't need to.
 
2020-09-17 4:30:40 PM  

DevilGirlFromMars: The knight who says EkiEkiPoontang: DevilGirlFromMars: The knight who says EkiEkiPoontang: That is how copyright works. Without registration you can't get damages, but you can stop future sales.

Hint: Banksy Inc is an easy end run.

Hint: They need to know who runs Banksy Inc. or at least they do if you ever want to get paid for those damages. I ran into this issue once. I opted to protect my anonymity because it wasn't worth dealing with a stalker that was harassing me at the time.

Banksy inc is owned by Banksy Panama Inc. Which has corporate secrecy, pays no taxes etc.

Who is 'They'? 'They' generally pay the corporation, then the money goes round and round. Where it lands is nobodies business but the stockholders, maybe the IRS.

"They" = the bank that eventually cuts you the check for any damages you are awarded.

I wasn't operating with the mindset of a corporation and I am willing to bet a lot of artists don't. Stockholders are not something I care about or ever care to deal with.

It's very difficult for independent artists who operate anonymously to not have their work stolen. Fortunately, most people who steal are easily scared off with a cease and desist.


Agreed on your point that it's probably not worth the cost of anonymity for most small artists.  As you said, though, Banksy isn't just some small artist.  A venture like Dismaland alone would have taken lots of legalities to set up and run.

With that said, if McDonald's sues someone for copyright or trademark infringement, the money goes to corporate officers, not the shareholders.  Same with Banksky, LLC - you'd think he'd establish the company in the UK, have its shares 100% held in some anonymous offshore entity, and appoint a corporate officer to handle legalese.

I know not to trust random news articles to explain the finer points of the law correctly, and it sounds like he just incorrectly used trademarks, instead of copyrights, to try to protect his IP.

This statement FTFA: "But the authority said he had filed it in order to avoid using copyright laws, which are separate and would have required the famously elusive Bristolian artist to reveal his true identity." - is most likely not very accurate.  Otherwise, every British corporation would need to assign its copyrights to some named individual, and then trust that individual to not screw them over in the future.

Then again, maybe I'm thinking about it too much from a US perspective - dunno how much British law subscribes to the theory of "corporate personhood".
 
2020-09-17 4:30:52 PM  

lennavan: This opens him up to being copied ... by complete douchebags who can't come up with their own original stuff.

I suppose if there's someone in the world Banksy trusts, he could have that person file, own and protect the copyrights for everything?


Wouldn't filing copyrights--or worse yet, constructing a shadow-corp to file and own his copyrights, pretty much be the antithesis of what he's supposed to represent?

You think he's never been copied? I'm quite certain he's been credited with works he didn't actually do because the style fit, or the MO was similar.

Finally, I'm still not sure how you can claim art work when you don't own the canvas it's painted on. He may be the artist, but I can't understand why he's given so much control over how it is handled when he's done. Unless he arranges something with property owners quietly beforehand, which may be the case.
 
2020-09-17 4:32:44 PM  

tyyreaunn: British law subscribes to the theory of "corporate personhood".


Corporate person hood comes from British common law.
 
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