Murals
have been much in the news recently - well, one in particular has.
I mean of
course the
Banksy mural taken from the wall of Poundland in Wood Green, North London,
which resurfaced last month at a little-known Miami auction house with an
estimated price tag of between $500,000 and $700,000.
The mural,
called Slave Labour, shows a small barefooted boy making Union Jack bunting in
a sewing machine.
It was
chiselled out of the wall by persons unknown before being shipped across the
Atlantic for sale - only for the auction house, buckling under angry publicity,
to withdraw it at the last minute whilst at the same time claiming there'd been
"no legal issues whatsoever".
Who owned
the mural?
Nicky
Richmond, writing in the Times, has seen a copy of the Poundland lease.
As is often
the case with properties like this one, the demise (what's included in the
letting) is of the interior only, so the structure and exterior - where the
mural was located - remain the landlord's
responsibility.
So the
image isn't owned by Poundland, and it seems the landlord's powers are
sufficiently widely-drawn in the lease to have allowed it to remove the artwork
if it had wanted to, although the
Financial Times reported the owner hasn't commented on the sale and the
Police have said there've been no reports of theft.
Is it
owned by the landlord?
Well, the
wall is, but the intellectual property issues surrounding the image itself are
less clear cut - leaving aside the issue of criminal damage, does drawing something
on someone else's wall mean you have assigned your ownership of the image to
the wall's owner?
After all,
you can't get the image back without carrying out more damage.
There
doesn't seem to be a definitive answer to the intellectual property question.
Bad things
often happen to murals as the
Canadian Globe & Mail says: "exposed as they are to the elements,
passersby and the hazards of being painted on an immovable wall... even indoor
ones aren’t safe from misadventures".
They cite
several examples, including two gigantic Picasso murals,
damaged when the Oslo modernist buildings to which they are attached were
damaged during the car-bomb part of Anders Breivik’s murderous spree in 2011.
And of
course there's also Leonardo Da Vinci’s Last Supper
in Milan, damaged by moisture, Napoleon’s invading troops, an aerial bomb
during WW2, generations of bumbling restorers, and, one might add, association
with a certain kind of...er...novel.
The Last
Supper is actually a fresco, although font-of-all-wisdom wiki
answers tells me that's just a particular type of mural distinguished by
the way it's bound to the wall using fresh pigmentation - don't say you never
learn anything useful here.
The
20th Century Society has launched a campaign to protect many of the UK's
murals from destruction, for example when the buildings themselves are
demolished.
Post-war
murals are an endangered species, even though many of them are by celebrated
artists such as Eduardo Paolozzi, Bridget Riley, Ben Nicholson, John Piper,
Victor Passmore and Mitzi Cunliffe - as well as Banksy and others.
They are
at risk too from weather, vandalism, changing fashions and commercial
pressures.
First the
murals need to be found and recorded.
Speaking
on Radio 4's Today
programme this morning, Catherine Croft, a director of the Society, talked
about protection
by listing as possibly being one option, although she admits that may be
heavy-handed in some circumstances.
The Society wants to create a greater awareness and appreciation of murals
generally and they ask people to send them images and information of any
post-war murals they've seen.
The one
I've used to illustrate this post is on the side of Archway Tavern, North London.
I think it
brightens up an otherwise shabby corner, but as is often the case with murals,
not everyone agrees.
Islington
Council, in 2010, wanted it to be removed.
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