Awesome - Banksy Made A Controversial Statement Years Ago That's Now Coming Back To Haunt Him
Be careful what you say — you never know when it might come back to bite you. Most of us have had to eat our words a handful of times throughout our lives, though the consequences were usually nothing more than a few finger wags and some I-told-you-so's. But for famed street artist Banksy, one controversial claim has come back to bite him big time — and it may very well lead him to put down his spray paint for good.
Artistic Robinhood
It's hard to believe that a few simple words could be the thing that stops Banksy — after all, most people probably assumed prison would get him first. The enigmatic artist is technically a wanted man thanks to his graffiti habits, though given his fame and popularity, most people seem to consider him more of an artistic Robinhood than an actual bad guy.
Controversial Character
Still, Banksy has managed to rub some people the wrong way with his anti-war, anti-establishment, and anti-capitalist paintings and installations. That's why for safety's sake — plus for the sake of his own mystique — the artist keeps his identity top secret, though this anonymity has also proven problematic.
Gray Area
Because Banksy is both anonymous and generally creates his artwork on public property, the ownership of his pieces is a pretty gray area. This has led some to actually rip Banksy's works right off walls or buildings for resale — one illegally acquired piece even made its way onto an episode of Antiques Roadshow.
Pest Control
And so, in an effort to maintain control over his artwork, Banksy created the handling service Pest Control to serve as the sole point of sale for his pieces. Yet despite being the official authenticating and business body of Banksy works, there was one crucial artistic protection Pest Control refused to provide.
"For Losers"
Copyrights on his artwork. In fact, Banksy himself once famously quipped that "copyright is for losers." But while it came as no surprise that such an anti-establishment artist would be so against legal protections on his work, an incident in 2019 made Banksy eat his words big time.
Flower Thrower
The groundwork for the conflict was laid back in 2005, when during a trip to the Palestinian territories Banksy painted a number of pieces, including this one called Flower Thrower in the city of Bethlehem. At the time, Banksy had yet to become an international superstar, so news of the artwork remained relatively niche.
Time To Trademark
But once Banksy rose to dominate the art world, many of his projects — including Flower Thrower — became the target of reproductions and cheap imitations. Naturally, Banksy didn't want others profiting off his work, so through Pest Control he filed a number of trademarks on his pieces, believing this would put an end to disputes over his art's ownership. He was wrong.
Not So Fast
In early 2019, the greeting card company Full Colour Black, known for creating cards featuring Banksy's artwork, filed a motion to cancel the trademark for Flower Thrower and a number of other works. The company claimed the trademark was not being used properly, a fact the artist was quick to dispute.
Disputing the Claims
"A greetings card company is contesting the trademark I hold to my art and attempting to take custody of my name so they can sell their fake Banksy merchandise legally," Banksy shared in a statement. But was there actually some truth to Full Colour Black's claims?
Technically Unused
In order to maintain a trademark, the holder must use the brand in the course of trade, meaning they have to sell something that bares or utilizes the trademark. Because Banksy didn't offer apparel or merchandise featuring his artwork, then technically his trademarks really weren't being used — that is, until October 2019.
Gross Domestic Product
On advice from his lawyer, Banksy decided to open a "pop-up shop" in South London called Gross Domestic Product to sell merchandise featuring his artwork, including Flower Thrower. Problem solved, right?
Bad Faith
Well, according to the EU Trademark Office, Banksy had made clear that his only reason for creating merchandise was to protect his trademark, therefore making it in bad faith. Because the trademark was filed for the sole purpose of protecting intellectual property instead of transacting business, it technically couldn't hold weight.
Losing the Case
That's why on September 16, 2020, an EU Trademark Office panel invalidated the claim, allowing Full Colour Black — and really anyone else — to continue using Banksy's artwork for commercial purposes. Many in the art community were shocked by the ruling, though along with bad faith, the panel cited another glaring factor in their decision.
To Copyright or Not to Copyright?
Essentially, the panel claimed that because Banksy created his art through criminal means (graffiti) and did so on property he didn't own, there was no way for him to claim legal ownership of his work. That begs the question: why won't the artist just suck it up and copyright his actual designs?
A Major Sacrifice
Well, for one, this would mean granting Pest Control proof that they acquired the copyright from him, meaning Banksy would have to reveal his identity and blow a 20-year secret that's made him one of the most recognizable artists in the world. Beyond that, his motivations — or lack thereof — are likely rooted in the nature of copyrights themselves.
A Matter of Control
Unlike trademarks, which can be renewed, copyrights only last for a finite amount of time, meaning that eventually all of Banksy's works would fall into the public domain. Unfortunately, thanks to the ruling, the artist might have to face this reality far sooner than expected.
Uncertain Future
"All of Banksy’s trademarks are at risk as all of the portfolio has the same issue," explained Blaser Mills, the prosecuting law firm. With this in mind, it wasn't long before Banksy fans began sharing a troubling thought: would the beloved artist put down his spray paint for good?
M.I.A.
For a while, this seemed to be the case, as the streets of London were concerningly absent of Banksy works in the months following the ruling. Then, in March 2021, someone spotted something — or someone — on the wall of Reading Prison.
Back At It
It was a Banksy! The artist hadn't been deterred by the ruling after all, though there was some sense within the community that he'd begin giving more attention to his actual owned canvas works. After all, in 2019, one of Banksy's personal paintings sold for a record price.
Beware the Banksy
Titled Devolved Parliament, this 2009 work sold for a whopping $11.7 million USD at auction, making it the most expensive Banksy painting ever sold. Clearly, Banksy works are some of the most sought-after pieces out there, though in 2018, the artist revealed that owning one might actually be more trouble than it's worth.
Special Auction
On October 5th of that year, Sotheby's in London announced they were auctioning off a piece of art like nothing the world had seen before. Sure, most thought this was just a ploy to drum up publicity for the sale, but the auction that day truly was special...
A Peculiar Prospect
That day, they were auctioning off a rare piece by none other than Banksy himself. Despite years of people swooning — and suing — over his art, Banksy still probably never expected to find his work being sold off to a wealthy bidder at a private auction house.
Unmistakably Banksy
Since the 1990s, Banksy has made a name for himself with works that subvert artistic conventions and skewer various aspects of society. Chances are you've seen his work already even if you don't know it.
Adds to the Appeal
Almost nobody knows who Banksy is. His real identity is a carefully guarded secret that likely will never come to light (that is, unless he decides to copyright a few of his pieces). You would think that would be something that would hamper his rising celebrity, but that's not the case.
Anonymous Icon
And even though his anonymity prevents him from doing interviews or having a social media presence, it certainly adds to his allure. Countless articles have been written about him, and even a documentary was about his work.
Identity Theories
Many theorists name Bristol artist Robin Cunningham as the likeliest candidate for Banksy, but all the dots still don't connect. It's quite possible, in fact, that 'Banksy' may be multiple people collaborating under a single name.
More Than Graffiti
Banksy is most famous for his graffiti — a copy of which was going on sale at Sotheby's. His clever pieces go far beyond tagging his name on a brick wall. Instead, they have a biting visual message.
Can't Look Away
His minimalist works often blend in seamlessly with the urban landscape. In fact, that's what makes them so darn compelling. They stop you in your tracks and make you look twice.
A Few Words
Banksy has the unique ability to transform any ordinary object into politically charged art. Sometimes he accomplishes this feat with just a few words...
The Bidding Begins
So it's no surprise that so many collectors were chomping at the bit to buy their very own Banksy. They hungrily eyed the prize as the bids climbed up to one million dollars and beyond.
Famous Work
These high rollers were competing to get their hands on one of Banksy's most famous murals, Balloon Girl. Many critics consider it to be among the greatest works of art in the United Kingdom.
Secret of the Frame
But this version of Balloon Girl had one feature that the original lacked. Inside the frame, Banksy secretly lined the bottom of the painting with motorized blades. What was he planning?
Shocking Finale
Well, the exact instant the painting sold — with a final price tag of $1.4 million — the booby-trapped frame shredded the painting to pieces. Nobody in attendance could wrap their minds around what had just occurred. What kind of artist would destroy his own work?
Determining Value
Just because the painting is in tatters, however, doesn't mean it's worthless. Like so many other famous works of art, a little bit of damage might not be as damaging to the value as you might think!
Price Increase
Art seller Steve Lazarides, one of the few individuals in Banksy's inner circle, suggested that the shredded version of Balloon Girl may even be worth more than the original.
Unforgettable Auction
Though some members of the art community criticized the move as a cruel prank, others are now calling it one of Banksy's greatest demonstrations ever. Perhaps only one other stunt could rival its originality and shock value...
"Dismaland"
Banksy made headlines around the world in 2015 by curating the Dismaland installation. The site utilized dozens of pieces to construct a "sinister twist" on the Disney franchise and theme parks in general.
Bemusement Park
Dismaland welcomed over 150,000 in its temporary run. Guests could enjoy — or at least tolerate — attractions such as a rundown princess castle, a museum of dangerous objects, and purposely unfair games like "topple the anvil with a ping pong ball."
Pushing the Boundaries
It's clear that when it comes to art Banksy isn't content to let the status quo stand. From bizarre theme parks staffed by strange characters like the ones below to destroying his own art, he's always looking to up the ante.
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