29 September 2008

Graffiti & the law in Australia

From Arts Law

This article apparently dates from 2002 and may contain out of date info


Graffiti is a well-covered topic of legislation in NSW and is included in five statutes, making the activity and associated paraphernalia (e.g. possession of a spray can), an illegal activity. Similar legislation exists in the other states. If the artist/offender is a minor, three further statutes will apply . Both permanent (e.g. paint) and temporary (eg. chalk) graffiti are prohibited.
Penalties include fines, imprisonment and community service orders. The fines range from $220 to $2200. Community service orders involve the artists removing their own work. The general crime of maliciously destroying or damaging property, often used in relation to graffiti artists, carries the most severe penalty of up to 5 years imprisonment.


The potential liability doesn’t stop there. A spray-can artist may have committed trespass in the process. Trespass occurs when they directly and intentionally enter or remain on land, or cause some object to come into contact with land, which is possessed by someone else. Substantial damage does not need to be proven. If the trespass is continuing, (e.g. paint remains there) this could result in repeated actions in trespass. However, if the trespasser merely damages the land or alters its character, damages can only be claimed once.

It is unlikely that the usual defences to trespass such as implied licence, consent, necessity, self-defence or legal authority will be available to a spray- can artist.


Spray-can artists usually come prepared. They have preliminary sketches of their proposed paintings. They will generally have copyright in both their sketches as original artistic works, and the graffiti art copyright gives them the exclusive right to reproduce their artworks and to adapt them from two-dimensional to three-dimensional artworks.

The term of copyright protection may differ if the artist is working under a pseudonym, that is their individual identification “tag”. Anonymous and pseudonym works are only protected for 50 years from first publication; although if the identity of the author is known or can be ascertained, the duration will be the life of the artist plus 50 years.

Moral rights

The spray-can artist will also have moral rights in their works, being:

  • right of attribution of authorship;
  • right not to have authorship of a work falsely attributed; and
  • right of integrity of authorship of the work.

The removal or destruction of a painting may be an infringement of the artists moral right of integrity in the work. Ordinarily, the infringer would be required to give the artist notice of the removal or destruction, give the artist access to record the work and offer to consult with the artist as to the removal or destruction of the work.

However, the party who wants to remove or destroy the graffiti is likely to argue that it was reasonable in the circumstances to destroy or remove the work, as it was created while committing a crime and trespass. Importantly, by attempting to enforce the moral rights of a work that was created as part of a criminal act, the artists would expose themselves to criminal prosecution.

The Local Government Act empowers local governments to remove graffiti without a landowner/occupant’s consent if the painting is on a surface, which can be accessed and seen by the public.


This art form struggles to gain respect from certain areas of the public because of the criminal acts and trespass associated with the creation of the works. Social schemes, such as the Graffiti Traineeships Grants Scheme, and corporate sponsored art exhibitions dedicated to graffiti, help artists find a forum for their art.

Regardless of the supporters and detractors, artists who express themselves by graffiti expose themselves to criminal and civil liabilities, and ultimately undermine their legitimate rights to copyright and moral right protection when creating works involves the commission of a criminal offence.


Summary Offences and Other Legislation (Graffiti) Act 1994.
Children (Parental Responsibility) Act 1994;
Young Offenders Act 1997
Young Offenders Amendment Act 2002.
Anzac Memorial Act
Transport Administration Act 1998
Crimes Act 1990
Local Government Amendment (Graffiti) Act 2002

Subject index -September 2008

The Aviary
UmbrellART - Let it Rain 2007
Subject Index - August 2008

Artists/ Exhibitions
2008 Taipei Biennial Forums & Films
Taipei Artist Village
Taipei Biennial 2008
Art Taipei 2008

History of Chinese Seals
History of Chinese Printmaking

2008 IFPDA Print Fair
Woodblock Taiwan


Taiwan Typhoon Sinlaku

New Media
G.P.S. Units as tracking devices
How to DownLoad from Youtube
Gaming Symposia online

Taiwan Graffiti
3D Graffiti Technica
Tooya! Book Signing

Subject index - August 2008

The Aviary
Subject index June 2008
Subject Index - July 2008


Patrícia Mado

Horst Janssen- Rembrandt House

Call - Bonnets & Boats, Sydney

Jenny Saville
If I Can’t Dance - part 3
video dating

Janis - codine
Shirley & Ella
Cilla - 1964
Bert & Ernie Rap

symposium on Neo-Censorship
Joseph Campbell and the Power of Myth
Ways of Seeing - John Berger

New Media
Art in Digital Culture

Vincent Price - Get Smart

time lapse graffiti

22 September 2008

3D Graffiti Technica

Graffiti Technica is dedicated to the progression of hardcore electronic art and 3d graffiti. The graffiti designs and lettering on this site are completely digital as I want to explore new ways of creating pieces.


From Brisbane QLD Australia

19 September 2008

UmbrellART - Let it Rain 2007

Credits: Let it Rain 2007

Concept: Blakkbyrd
Creative Design: Blakkbyrd & IvesOne
Flyer Photoshoot:
Blakkbyrd & IvesOne
Flyer Photos: Blakkbyrd
Flyer Design: http://www.grafisch-vormgever.com
Flyer Publication: Xstreets
Artist Invitations (English): Blakkbyrd
Artist Invitations (Swiss & Dutch): Xstreets
Publicity (English) : Blakkbyrd
(Swiss & Dutch): Xstreets
Let it Rain Parade 2007: Xstreets
FOAM Exhibition: Xstreets
FOAM photoshoot: Blakkbyrd & Xstreets

4th Sept: http://blakkbyrd.blogspot.com/2007/09/let-it-rain_04.html
13th Sept: http://blakkbyrd.blogspot.com/2007/09/let-it-rain_13.html
21st Sept: http://blakkbyrd.blogspot.com/2007/09/let-it-rain_21.html
5th Oct: http://blakkbyrd.blogspot.com/2007/10/let-it-rain-saturday.html
19th Oct: http://blakkbyrd.blogspot.com/2007/10/rain-barnesy.html
3rd Nov:

26th Feb:
5th April
12th April

2008 UmbrellART - Studio One
2008 Umbrella Roadshow - Obsession 4 Fashion
2007 'Let it Rain' - FOAM
2007 'Let it Rain' Parade
2007 'let it rain' Blakkbyrd Brolly
2007 'let it rain' Blakkbyrd Brolly II

17 September 2008

G.P.S. Units as tracking devices

Big brother again. Your GPS unit doesn't only tell YOU where you are, it can also be used to track your movements.

Police Using G.P.S. Units as Evidence in Crimes

08 September 2008

Tooya! Book Signing

On Saturday I attended my first two Taipei art openings. One was the book launch for the Taiwan Graffiti book, Tooya! See earlier post.

The opening was at a Taipei Graff shop, similar to Mikosa in Amsterdam. The address is

// 地點:SOL
// 地址:台北市敦化南路一段187巷66號1F
// 電話:02-27217490

for more info see

They were queueing to get in and have their books signed by the nine artists.

Good show.

03 September 2008

How to DownLoad from Youtube

Here is an easy way to download videos
go the video in youtube and copy paste the url into the space provided by the following sites-


http://www.keepvid.com - Another link to a site that allows you to download videos from YouTube, Google Video and more than 20 other such sites:

http://www.youtubex.com - allows you to download youtube videos to your pc by simply submiting the URL of the youtube video you are saving. Can even save the over 18 restricted videos

With it, you are capable of downloading video clips from YouTube, and the downloaded files will automatically be in .flv format. Then renaming or extension changing is unnecessary,



When you download YouTube videos , they are saved in the new.FLV (flash video) format. You will need to download a FLV player to watch these YouTube files on your PC. You can also convert YouTube videos to other formats like .MPEG with a FLV converter.

Exact Steps to save videos-
- Browse for the videos at YouTube.com
- Copy and Paste the URL of the YouTube video into the form given on any of the above mentioned websites Click "DOWNLOAD" (save target as) to save the YouTube file to your PC.
- Rename the YouTube file with a .flv extension if necessary.

For free flv player-

For free flv converter and player-


Gaming Symposia online

The Eduverse has scheduled an event which promises to be the most comprehensive look at virtual worlds ever. It will take place on the 23rd of Sept. (noon to 10 pm) in De Balie (www.debalie.nl)

Philip Rosedale (former CEO of Linden Lab) will be present in person to talk about his latest projects. Other speakers will include Julian Lombardi (head of opencroquet at Duke University www.opencroquet.org), Christian Renaud (virtual guru), Chuck Hamilton (IBM Centre for Advanced learning), Karl Kapp (noted virtual worlds author), David Williamson Shaffer (founder of Epistemic Games), Tim Johansson (head of Opera 3D develeopment), Philippe van Nedervelde (Foresight Nanotech Institute), David Burden (Daden Ltd), plus many more.

The highlight will be a panel discussion of the future of all the major virtual platforms, including: Second Life, Opencroquet, Adobe 3D, DEEP, 3Dxplorer, ExitReality and many more.

The Symposium will be divided into 3 main sections:

1. Serious Gaming and the Future of Game Technology.
2. New Virtual Platforms and the 3D Web.
3. The Science of Education - Virtual Learning in the 21st century.

Aside from the Symposium, there will also be a separate space dedicated to the “hands on” experience which will include demonstrations of supportive 3D technologies like: 3D printers, tracking devices, virtual glasses, mobile technology, etc.



01 September 2008

Taiwan Graffiti

This is the book for Taiwan Graffiti. It comes with a DVD of the writers at work.

★ 各界專業人士強力推薦!

ART CRIMES(全球知名塗鴉網站)



DAVID ELLIS(紐約藝術集團Barnstormers首腦、藝術家)











★ 首刷隨書附贈限量「現場塗鴉DVD」及「貼紙、海報」各一份!

For more information see REACH