Graffiti Art: The Rights of Landlords, Tenants and Artists: Creative Foundation v Dreamland Leisure Ltd

摘要

Creative Foundation v Dreamland Leisure Ltd1 results from a dispute between a landlord and tenant over rights to an unsolicited Banksy graffiti work on an external wall. The rights of the landlord prevailed over those of the tenant, as would be expected, but consideration of Banksy s rights was notable by its absence. This article summarises the position between landlord and tenant, and goes on to propose a number of ways Banksy might have attained rights in the work under intellectual property and personal property law.