I. Introduction A. Thesis: this paper addresses the issue as to whether certain forms of graffiti that come above the level of the street art, like the work of Banksy, should and legally can be protected from distraction and alteration. B. The definitions of the critical terms: 1. What is graffiti? 2. What is street art? 3. Define guerrilla art (which is a hybrid of street art and graffiti?) C. My example is Banksy. Why is Banksy’s art is being representative of this kind of art? 1. Where do artworks, like Banksy’s, belong? Are they in the grey area, which is the type of art that is technically graffiti (because of the procedure of its application) but esthetically and creatively is street art or
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Exploring VARA and state artist’s moral rights protection: the gap between the federal and the state regimes for prevention of the art alterations and destroying. B. The National Historic Preservation Act as a tool to protect works like those of Banksy. 1. Historic preservation laws in the U.S.: historical background and application today. 2. Brief overview of the street art preservation efforts outside of the U.S. and what we can borrow from them. 3. Proposal to include street art work of recognized stature in NHPA and encourage their protection by the state and local government with the appropriate limitations to balance the rights of the artist with the rights of the property owners. a. Talk about NHPA. b. Talk about efforts of a few states — NY, CA, FL. c. Talk about how VARA and foreign legislations can be used to combine one solid national model legislation, which can be passed onto the states to adopt in accordance with their state efforts and needs. • Stress on why I do not think VARA will work for these purposes — take examples from papers that describe why VARA has not been sufficient in protection of the artworks since its enactment AND articles that discuss VARA’s insufficiency for the purposes of street art/graffiti protection
Exploring VARA and state artist’s moral rights protection: the gap between the federal and the state regimes for prevention of the art alterations and destroying. B. The National Historic Preservation Act as a tool to protect works like those of Banksy. 1. Historic preservation laws in the U.S.: historical background and application today. 2. Brief overview of the street art preservation efforts outside of the U.S. and what we can borrow from them. 3. Proposal to include street art work of recognized stature in NHPA and encourage their protection by the state and local government with the appropriate limitations to balance the rights of the artist with the rights of the property owners. a. Talk about NHPA. b. Talk about efforts of a few states — NY, CA, FL. c. Talk about how VARA and foreign legislations can be used to combine one solid national model legislation, which can be passed onto the states to adopt in accordance with their state efforts and needs. • Stress on why I do not think VARA will work for these purposes — take examples from papers that describe why VARA has not been sufficient in protection of the artworks since its enactment AND articles that discuss VARA’s insufficiency for the purposes of street art/graffiti protection