Can a Buyer Legally Destroy a Banksy? Italian Law on Art Destruction Examined
At a Los Angeles auction, artist Ron English acquired Banksy's 2012 mural 'Slave Labour' for more than $700,000, planning to whitewash it as a statement against the commercialization of street art. This action introduces legal dilemmas under Italian copyright law (Law No. 633/1941), which safeguards authors' moral rights against alterations that could damage their honor or reputation. Previous court decisions have indicated that moving a piece can infringe on these rights (Trib. Napoli 1997; Trib. Bologna 2014). While Article 20 prohibits deformation or modification, destruction is not explicitly banned. A Bologna appeals court in 1997 determined that destruction does not automatically violate an author's personality unless the work is deemed cultural heritage. Critics contend that such destruction can misrepresent the creator and affect their economic rights. There are no specific rulings regarding the removal or destruction of street art.
Key facts
- Ron English bought Banksy's 'Slave Labour' for over $700,000 at auction in Los Angeles.
- English plans to destroy the work to protest commercialization of street art.
- Italian copyright law (Law 633/1941) grants authors moral rights against modifications harming reputation.
- Italian courts have ruled that moving a work from its intended location can violate moral rights (Trib. Napoli 1997; Trib. Bologna 2014).
- Article 20 of the copyright law does not explicitly prohibit destruction, only deformation, mutilation, or modification.
- A 1997 Bologna appeals court held that destruction does not inherently offend the author's personality.
- Works protected as cultural heritage (e.g., Keith Haring's Tuttomondo) cannot be destroyed under Article 20 of the Cultural Heritage Code.
- The Italian Supreme Court (Cass. 1951) stated that denying the owner the right to destroy would limit property rights without legal basis.
- Destruction may impair the author's resale royalty rights.
- Article 833 Civil Code prohibits emulative acts, but has not been applied in art contexts.
- A 2005 Milan court recognized potential moral rights violation from degradation due to omission of restoration, but this ruling is isolated.
Entities
Artists
- Ron English
- Banksy
- Blu
- Keith Haring
- Michelangelo
- Picasso
Institutions
- Tribunale di Napoli
- Tribunale di Bologna
- Tribunale di Milano
- Corte di Cassazione
- Artribune
Locations
- Los Angeles
- Stati Uniti
- Italia
- Pisa
- Bologna