Street Art Legal Protection: A Call for Italian Legislation

Giovanni Maria Riccio, a professor of comparative law at the University of Salerno, argues for a new Italian law to protect street art. He notes that current legal categories (occupation, usucapion) from the 1942 civil code are inadequate for artworks on others' property. Riccio proposes that before destroying or altering a street artwork, the property owner must notify the local Soprintendenza, which would have a set period to evaluate and possibly impose a protective constraint. A commission including street artists should assist. Alternatively, entire districts like Shoreditch in London or San Lorenzo in Rome could be declared of notable public interest under Articles 137-138 of the Cultural Heritage Code, preserving their identity. Riccio cites examples: Banksy, Jorit's murals in Naples, and Lucamaleonte's "Nido di vespe" in Rome. He questions whether street art should be considered "common goods" beyond public/private dichotomy, and references the Bologna case where walls with artworks were sold for exhibitions without artist consent. The article emphasizes balancing property owners' rights, artists' rights, and community interests.