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Graffiti Art Sales

Can I legally sell photos I've taken of graffiti art, without the artist's permission?
I have taken many photos of graffiti art that I would like to frame and sell. Being an artist myself, I respect any and all artists rights, however I do not know the artists and I have no way of contacting for permission. What are the laws concerning sale of photos of publicly viewable graffiti art? Seems the law may be a little fuzzy in this area...
Graffiti is absolutely, undeniably, completely, utterly, totally and irrefutably granted sovereign federal copyright protection under USC Title 17 Section 101+.
Using graffiti images in your pictures without express written consent from the copyright holder, is an absolute violation of federal law, and exposes you to catastrophic liability, as follows:
-- Cost to defend and win a copyright lawsuit: $500,000 (avg)
-- Cost to defend and lose a copyright lawsuit: $500,000 (avg) + up to $150,000 (statutory), or more
-- Cost to defend and settle a copyright action: $8,000 to $15,000 (avg), per violation
-- Criminal penalties that can be imposed by the government: Up to 5 years in prison and $250,000 fine (first offense)
The bigger question everyone here should be asking is, why WOULDN'T the graffiti artist sue you?
Because they "might be prosecuted for a misdemeanor crime?"
Copyright is a federal issue. And under federal law, the copyright holder could seek statutory damages of up to $150,000, without proving that you caused them ANY actual damage. Additionally, if they win... you have to pay for their legal fees and courts costs.
They could walk away with 100's of thousands of dollars of your money.
So, thinking a $200 fine for committing a misdemeanor is a "deterrent?" Umm. Unlikely.
A lawyer would take the case, for free... if nothing else, he/she is going to get tremendous publicity out of it...
Let alone the fact that, IF YOU LOSE THE CASE, YOU HAVE TO PAY THE GRAFFITI ARTIST'S LEGAL BILLS.
Someone wrote that you can "do anything you want with pictures of statues, because they're outside."
I don't mean to sound rude... but this statement is completely, and totally wrong. Statues, models and virtually all three-dimensional works of art are absolutely copyrightable. And taking photographs of those statues, without consent of the copyright holder is violating that holder's exclusive rights of derivative creation (USC Title 17, Sections 101 - 173)
Buildings can also be copyrightable, in various circumstances.
Any art that is ON the building is absolutely copyrightable.
Additionally, "public domain" does not mean "outdoors." Public domain is currently defined as a work that has existed beyond its term of copyright protection... which is currently defined as the life of the artist, plus 70 years.
Thus, the only way graffiti could absolutely be irrefutably defined "public domain," is if it was painted on the wall before 1964.
So to close...
You absolutely MUST gain permission from the artist, before you incorporate their images, in your works. Period.
Hope this helps...
G.C. Hutson, Chief Executive and Senior Partner
Sadien Intellectual Property, Inc.
http://www.Sadien.com
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American Graffiti IRON ON'S AUTO ART Transfers 2-SALE | ![]() |
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US $14.50 | 2d 22h 3m |
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street art, graffiti art for sale buy graffiti art, spray paint can mickey mouse | ![]() |
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US $49.00 | 26d 11h 59m |
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Banksy Golf Sale Tanks Sign Graffiti Art Print Canvas * | ![]() |
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US $31.59 | 23d 7h 33m |
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street art, graffiti art for sale, buy graffiti art, spray paint can by VIRAL !! | ![]() |
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US $49.00 | 14d 1h 53m |
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D8273 Sale Ends Today Worship Banksy Graffiti Street Art 32x24 Print POSTER | ![]() |
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US $12.99 | 12d 9h 54m |
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MINUTE MIRTH T-Shirt SIZE L Graffiti Cool Design Art Tattoo Tee Punk sales lady | ![]() |
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US $17.49 | 11d 20h 1m |
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AMERICAN GRAFFITI 2-Print SALE Photo Painting Car Art | ![]() |
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US $25.00 | 9d 10h 27m |
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Custom Coaster Set "Golden Twins" Designed By Graffiti and Pop-Art Artist Erni Vales |
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Custom Coaster Set "LA Wall" Designed By Graffiti and Pop-Art Artist Erni Vales |
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Custom Coaster Set "Prospect Park" Designed By Graffiti and Pop-Art Artist Erni Vales |
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Harrybu Mccage
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DescriptionHarrybu McCage is the self-titled debut album by a group comprised of Matt Cameron (of Pearl Jam, Soundgarden), Ryan Burns and Geoff Harper. It's jazz...but it rocks! |
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New York Ville Propre - 24"H x 16"W - Peel and Stick Wall Decal by Wallmonkeys |
DescriptionWallMonkeys wall graphics are printed on the highest quality re-positionable, self-adhesive fabric paper. Each order is printed in-house and on-demand. WallMonkeys uses premium materials & state-of-the-art production technologies... |
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Soldes Dessin Rouge - 18"W x 14"H - Peel and Stick Wall Decal by Wallmonkeys |
DescriptionWallMonkeys wall graphics are printed on the highest quality re-positionable, self-adhesive fabric paper. Each order is printed in-house and on-demand. WallMonkeys uses premium materials & state-of-the-art production technologies... |
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Les Tags - 18"W x 12"H - Peel and Stick Wall Decal by Wallmonkeys |
DescriptionWallMonkeys wall graphics are printed on the highest quality re-positionable, self-adhesive fabric paper. Each order is printed in-house and on-demand. WallMonkeys uses premium materials & state-of-the-art production technologies... |
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Blue Q Shopper Spray Paint |
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CLEARANCE SALE Graffiti Funny Mona Lisa Art Rock Punk Tattoo Street T-Shirt L Free Shipping |
DescriptionYou are bidding items from Thailand and this item is New Fashion Design T-Shirt.Made from High Quality COTTON 100%.This item ship from Thailand by Thailand Post.You can contact us anytime we will answer in short time. |
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Custom Messenger Bag "Diesel Down" Designed By Graffiti and Pop-Art Artist Erni Vales |
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Custom T-shirt Designed By Graffiti and Pop-Art Artist Erni Vales |
DescriptionWe offer this service in your choice of the American Apparel brand (100% top quality polyester, very silky feel) or the fabulous Burn Out tees from Alternative Apparel (50/50 poly-cotton blend, also very silky to touch)... |
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Jesus Graffiti |
DescriptionJesus' name in purple, blue, gray and white graffiti art. |
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DescriptionShows examples of graffiti from around the world and shares the opinions of graffiti artists about their work. |
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The Plain Janes (Minx)
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DescriptionNoted young adult novelist Cecil Castellucci and artist Jim Rugg launch MINX with THE PLAIN JANES, a story about four girls named Jane who sit at the reject table at lunch. When transfer student Jane is forced to move from the confines of Metro City to Suburbia, she thinks her life is over... |
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London Street Art
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DescriptionThis first-ever guide to focus solely on London street art proves that the cityÂs graffiti culture is clearly thriving. Shot in a riot of color by press photographer Alex MacNaughton, London Street Art presents a broad spectrum of writers and graffiti artists from crews all over London, including Hoxton, Shoreditch, Camden, and Hackney... |
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Marc Ecko's Getting Up: Contents Under Pressure
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DescriptionGetting Up: Contents Under Pressure takes you to the early days of a new art from. It's the early 1980s and you're a kid from the ghetto, discovering the new world of graffiti art. As "Trane", you have a social conscience, too: Your neighborhood is struggling and the crooked government is doing nothing to help, so you decide to send a message... |
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Custom Mousepad "Panda Suit" Designed By Graffiti and Pop-Art Artist Erni Vales |
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Custom Mousepad "Create" Designed By Graffiti and Pop-Art Artist Erni Vales |
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Custom Mousepad "Panda Suit" Designed By Graffiti and Pop-Art Artist Erni Vales |
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Custom Iphone Cover "Misery Loves Co." Designed By Graffiti and Pop-Art Artist Erni Vales |
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