Legal Protection of Fictional Characters in Street Art and Advertising

The article explores the legal protection of fictional characters, particularly 'puppet' characters in street art and graffiti, from unauthorized commercial use. It discusses the phenomenon of 'Art-vertising', where street art is used in advertising, and the tension between artists' intellectual property rights and advertisers' claims of fair use. Key examples include Banksy's 'Girl with Balloon' and Zoow24's 'Kult (Mostro Pizza)', praised by Virgil Abloh. The article explains that fictional characters can be protected under both copyright and trademark law, with Italian courts setting precedents. In 2022, the Italian Supreme Court ruled that fictional characters like Zorro are protected independently of the work they appear in, citing Disney characters. In 2016, the Milan Court defined plagiarism as including unauthorized use of substantial similarities. The Danish court ruled in favor of Ai Weiwei when his work 'Le Soleil Levant' was used in a car advertisement. The article notes that while some courts allow fair use for characters lacking unique traits, others exclude it if the transformation creates independent artistic value. The authors, Luigi M. Macioce and Beatrice Russo, emphasize the need for a balance between creative expression and commercial interests, and the importance of trademark registration for puppet characters.