why are companies like Guess and Brandalised allowed to reproduce and sell Banksy’s art without his permission? Can any company do it?
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They’re not, but because banksy doesn’t deal with the legal corporate world, they have no way of asking him, and therefore no way of being denied. But at the same time that is why banksy suggests people shoplift from any corporation that uses his art for those ends.
The thing about IP is that protecting it isn’t a passive or automatic thing. A company or individual has to actively pursue legal protections. In most cases there isn’t a government body that goes around protecting some private company or individuals IP rights as a matter of public good.
The primary issue is Banksy’s anonymity. To be able to pursue legal action, he would have to prove his identity and show he owns those works. Doing this would expose who he is, which wouldn’t be a good thing seeing how the law doesn’t look too favorably on what he does.
Just here to say banksy has a legal team and publicists and a whole team of people protecting his ip and identity. Thats why that store changed so quick
Legally they cannot. They did it with the hope that Banksy wouldn’t bother calling them out on it or even find out about it. Large brands unfortunately do this with artists all the time, because in many cases the artists don’t have the time or money to legally get their money from the big brands.
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