Artist Forced To Buff Mural

GRAFFITI POLICE FORCE ARTIST TO BUFF OWNER-AUTHORIZED MURAL

On Monday August 12, 2013, the City of Portland was about to have a new and exciting addition to its public art collection. Cannon Dill, a highly regarded artist from San Francisco was visiting Portland. He is known for incredibly detailed black and white aerosol murals of enchanting wolf-like creatures and his murals can be seen in cities across the country, including Chicago, Detroit, Denver, Oakland, Brooklyn, Kansas City, Minneapolis, and New Orleans. His artwork is usually welcomed and celebrated as invigorating dull walls and dilapidated urban environments. However, to our dismay, it was met with contempt in Portland by police.

About a quarter of the way through painting a self-funded mural on the side of a chronically tagged building in inner Southeast Portland (SE 9th and Ash) Dill was interrupted by two City of Portland police officers.

The building owner, who arrived at the scene shortly after, immediately expressed their satisfaction with the progress and told the officers that they had given Dill permission to paint the mural.  The owner explained that they were trying to deter repeat graffiti tagging. Over the years, they have spent a lot of public tax dollars and time painting over unwanted markings.

After realizing that Dill’s mural was not un-authorized ‘graffiti’ and was instead an owner-authorized mural, the Portland Police officers seemed to be appeased. At that point, in most cities, the situation would have been over and the artist would have been allowed to continue. But in Portland, painting a mural is not that easy.

Shortly after, officer Anthony Zanetti, one of the Portland Police Department’s two Graffiti Abatement Task Force officers arrived at the scene. Officer Zanetti said that due to the lack of proper permitting the mural had to be removed immediately or the building owner would be issued a City citation and fined as being a Graffiti Nuisance Property. In Portland, both private and business property owners can be fined (up to $250 per incident of graffiti) and even jailed if there’s graffiti on their property for more than 10 days after they are issued a citation. This can be quite a burden on small businesses and residents.

Zanetti continued to explain to the owner, that his permission did not matter; they still needed a $250 permit from the Regional Arts and Culture Council (RACC).

While it’s true that the property owner’s permission does not matter in the eyes of the City of Portland when it comes to painting art on the outside of buildings, other things officer Zanetti is reported to have said are not accurate.

Going through RACC is not the only way to paint a mural in Portland. The City has an Original Art Mural Permitting Program, which in most cases, costs only $50 (as of 2013, $56 as of 2022). RACC does provide mural artists exceptions to the city sign codes (providing an easement and adding the mural to the city’s public art collection), but that process is free, and if approved, RACC will actually provide an opportunity to “match” an artist’s mural funding up to $10,000 via an application and review process.

Why did officer Zanetti give the owner inaccurate information? At minimum, we should hold those accountable whose job it is to abate graffiti and and enforce mural regulations to know and provide the public factual information about these rules and processes.

This is also surprising because the City’s new Graffiti Abatement Program Coordinator, Dennis LoGiudice, recently said that he was not going to make regulating non-permitted community murals a priority in his office, which works in partnership with the two Graffiti Task Force police officers.

Zanetti also told the owner that those who do graffiti hide their ‘crew signs’ in their pieces. At the 2013 Graffiti Abatement Summit this past May, Officer Matt Miller (the other Portland Graffiti Task Force police detective) said he and his partner focus their efforts on ‘gang’ graffiti.

The City of Portland estimates that 13-15% of reported cases in the city are ‘gang-related’ (a number we haven’t seen updated by the task force since 2006). However, this estimate is biased and unreliable because it is not systematic and only includes reported cases (and not all cases). It’s also a relatively small proportion compared to other cities. A good amount of Portland’s actual gang graffiti is on the edges of the city, not in the inner-city.

Cannon Dill’s artwork is not ‘gang’ related. He is an artist who mainly paints permission murals and shows his work in galleries. It’s a stereotype that all young people who put their work in the streets (especially those who use aerosol paint and are ethnic minorities) are members of gangs or crews. The main function of these ‘crews’ Zanetti is referring to is to network, share information, organize street art-related events, and paint large murals in cities. All of these tasks take organization and management. Associating artists with criminal gangs (or crews) is often used a fear tactic by authorities to demonize artists and justify more graffiti abatement (in the form of graffiti nuisance property, criminal mischief, vandalism, and trespassing fines). This is a self-reinforcing cycle, the more graffiti ‘problems,’ the more job security for graffiti abatement officials.

One of the main purposes of police officers, in general, is to enforce property laws meant to control access and conduct in public space (or spaces viewed from public space). As soon as you put art in this realm, it is regulated and controlled for us, and not by us.

The fact that the City of Portland requires mural permits is often unknown to visiting artists because in most cities (Seattle and San Francisco for example) there are no permits required for murals and all you need is owner-permission. Neither Cannon Dill, nor the property owner, knew that a mural permit was required. Also, visiting artists often are not able to navigate these permitting processes because it can take anywhere from one to three months to complete and requires someone being physically present to organize and attend neighborhood meetings and post proposed mural site notices.

The situation on Monday afternoon concluded with Dill being forced to buff his mural with white paint. Dill was then told by police to get out of town.

This incident is yet another example of the current problem Portland faces with creating art in public spaces. We’re missing out on showcasing local and visiting artists’ work in our city.

Less than a week after the in-progress mural was forcably buffed, Cannon Dill's only other existing mural in Portland was buffed. The wall and surrounding area along MLK Blvd has had street art and graffiti on it for many months (if not years), with no action from graffiti abatement. This mural was the only piece buffed. It survived for only one week. This was not random buffing, it was a targeted effort to remove all traces of Cannon Dill’s art from the Portland landscape. While we understand that this was in some ways inevitable, since a city mural permit was not attained, we rarely see this type of stealth, targeted abatement.  

These incidents are not the first time the Portland’s Graffiti Abatement officers have shut down grassroots efforts to beautify the city with murals. They have targeted numerous galleries, community groups, and other mural efforts over the years (i.e., the Special Delivery gallery show in 2011 and the Samo Lives Gallery in 2012). These situations portray Portland as being an unwelcoming city for public creativity; something other cities are fully embracing.

It seems that many of these threats and shutdowns are also solely aimed at artists working with aerosol paint. For many artists, aerosol is not just a cheaper and easier way to paint large works, it provides a certain aesthetic quality that other mediums cannot replicate.

Even more concerning is that our access to public space in Portland is under siege. Countless barriers are in place that makes it difficult for people to navigate and receive proper permission to paint a mural or otherwise improve our shared public spaces. By systematically denying the city’s diverse artistic possibilities, authorities are increasingly working to encode privilege and exclusion in our public spaces by setting up legal and environmental barriers that make these spaces off-limits to us. If we’re not careful, Portland will turn into a ‘Disneyfied’ version of its former weird and quirky self.

While community art is closely monitored and regulated, countless un-permitted corporate advertising signage across the city is unregulated – something the city could profit from if proper resources were dedicated to corporate signage enforcement.

In difficult financial times, when city budgets and important social programs are being slashed, why does the City continue to use public resources and tax monies on an aggressive graffiti abatement task force that pursues, intimidates, and prosecutes street artists instead of violent criminals?

All Photos © PSAA

Sow Good Seeds

Burnside Arts Trust partnered with Portland’s Urban Farm Collective to sow good seeds in the Grand Dekum Garden. Local Portland artists Circleface, N.O. Bonzo, and Dhestoe painted the garden’s garage to celebrate the joyous growth of this garden and infuse the space with lovely art and excitement. These artists dedicated their time to this project because they want to actively promote shared green spaces within our city. “We believe in the power of community gardens to build relationships, beautify urban spaces, and promote positive interactions with nature inside the city,” said a Burnside Arts Trust representative.

The Urban Farm Collective (UFC) maintains 17 community gardens in Portland. UFC is made up of a progressive group of volunteers who use vacant urban land to enrich and support communities, helping people re-imagine the possibilities of these spaces. They aim to educate, build communities, and improve food security. Their gardens are fully supported by local volunteers who care for and maintain them throughout the year. The collective hosts a non-monetized market that trades volunteer hours for garden produce. Surplus crops are donated to the St. Andrews Church food bank.

Please visit the UFC’s website at urbanfarmcollective.com to see the amazing work they do and to get involved with one of their gardens. For more information on the benefits of urban community farming visit communitygarden.org.

Urban residents around the world are reclaiming vacant land; transforming void spaces into fertile places to grow food, relationships, and community. Community gardens re-introduce nature into the city, helping to cultivate a re-enchantment with the natural world and support the psychological well-being of residents. Gardens also promote more sustainable urban development, community resilience and networking, organic food production, environmental protection and awareness. It is not just the physical creation of gardens that is transformative; they also spur new ways of thinking about cities and our right to directly create places around us that nourish our basic human needs – to grow, love, play, sense, connect, and live.

ALL PHOTOS © PSAA

Murals and the Portland Sign Codes

MURALS AND THE PORTLAND CITY SIGN CODE

At one time, artists could paint outdoor murals in Portland with a simple agreement between themselves and the building owner, as is the case in manyother cities in the United States.

In 1998, the City of Portland was thrust into a lengthy and complicated legal battle with AK Media (a company that was later absorbed by Clear Channel).

Thanks to the dedicated efforts of a handful of art advocates who pushed for the art of mural-making to be recognized, in 2005, the Regional Arts & Culture Council (RACC) began its Public Art Mural Program. In 2009, following the closing of the Clear Channel trial, and the judge’s decision (in 2007), the City of Portland’s new mural program was created.

Until those two pathways were forged, community murals were either not painted, or were done without City permission, thereby risking citations and fines for building owners being out of compliance with the City’s sign code.

Both the existing mural programs have certain requirements. The City of Portland’s mural permitting process requires a fee and a neighborhood meeting. RACC is a more comprehensive mural proposal submission and funding opportunity that, if approved, the mural is added to the City’s public art collection, ensuring that the artwork is exempt from the City’s sign code and will be enjoyed by future generations to come.

The existing systems work, and many murals have been painted since the drought of mural art in the late 1990s and early 2000s, however, there are many ways that certain types of artistic expression are still burdened.

It is time that the City of Portland re-evaluates its Original Art Mural Permit process to ensure that it is still effective and could not be further improved.

Buckman Community Mural by Joe Cotter

Buckman Community Mural by Joe Cotter

Contributors: Joanne Oleksiak, Robin Dunitz & Mark Meltzer

Music Millennium Mural

In the spring of 2013, Portland Street Art Alliance and two local artists, The Lost Cause (TLC) and Jon Stommel of Rather Severe, successfully completed a community-funded mural on the backside of Music Millennium (3158 E Burnside). This was PSAA's first project, bringing together the founding team to engage with the community and facilitating art in the streets. 

PSAA and this project started in an unlikely way. The prior winter (2012) TLC and local art shop, Home:bass, launched a very successful fundraising campaign, raising almost 3 times more than what they asked for. Everything was going smoothly until TLC was painting the mural and was approached by Portland Police. The officers interrogated him, asking what he was doing, and if he had a permit. No one knew that in addition to owner-permission, you also need a City of Portland mural permit to legally paint an art mural. The Home:bass shop was no stranger to Portland police, being the frequent target of surveillance, especially during their street art show openings. Due to these complications, the Home:bass mural project fell through when Home:bass's lease was not renewed by the property owner. 

That is when the founding members of PSAA stepped in, Tiffany and Tomas. After a few brainstorming sessions, the team hit the streets canvasing local business to find a new mural space for this project. After approaching about 20 business on Burnside, Stark and Hawthorne, we walked into Music Millennium, the oldest record store in the Pacific Northwest. We were imminently directed to speak to Terry Currier the owner. Terry was very open-minded and excited at the prospect of bringing some color and energy to his blank white wall. Even better, the artists were willing to do this project at no cost Music Millennium, as the crowd-source funding covered most of the costs associated with paint and labor. 

The artist team worked with Terry Currier, the owner of Music Millennium, to create a design that would be reminiscent of the record store’s psychedelic roots. They decided on a colorful Beatles-inspired array of happy characters and swirling patterns. PSAA secured the City of Portland mural permit.

Speaking about his art and the new mural, the The Lost Cause said, “We just want to make people smile and laugh. It was a great experience to paint this mural and get to talk with people of all ages, some neighbors and others coming to the record shop. They liked the characters and bright colors.”

Check out PSAA's video documenting some of the creative process!

ALL PHOTOS © PSAA

Reclaim The Streets Symposium

Reclaim The Streets: A SYMPOSIUM ON ART & PUBLIC SPACE

PSAA Co-Director Tiffany Conklin recently moderated a panel discussion on Art & Public Space at a Symposium in Victoria B.C. The following is a report back from that event.

Founded in 1972, the Open Space Arts Society is a non-profit artist-run centre located in Victoria, British Columbia. Open Space supports artists who utilize hybrid and experimental approaches to media, art, music, and performance. In April 2014, Open Space hosted a two-day symposium that brought together artists, scholars, curators, activists, city officials, community organizations, and engaged citizens to examine the goals, perceptions, problems, and possibilities of unsanctioned public art. This free and public symposium also featured presentations and a series of round-table panel discussions to encourage audience involvement and participation in these important conversations. The symposium was generously sponsored by the City of Victoria and the Art Gallery of Greater Victoria.

Open Space Assistant Curator Sara Fruchtman and local artist-in-residence Cameron Kidd organized this local and international community event. The symposium was the final finale of Kidd’s 10 month residency at Open Space. During this time, he’s helped to create 3 murals, and a variety of projects that addressed the need for youth engagement and more publicly accessible sites for street art in the city.

Kidd and Fruchtman just successfully pitched a new project to the city – turning Commercial Alley behind the centre into a new city-sponsored mural zone, the first of its kind in Victoria.

Key note speaker Barbara Cole, the director of Other Sights for Artists’ Projects presented examples of how artists she works with are resisting, reinterpreting, and reinventing the ways in which our cities’ public places are experienced. In 2010, Other Sights curated a piece of public art by Folke Koeb­ber­ling and Mar­tin Kalt­wasser, two Berlin-based artist who built a compostable bulldozer in empty lot about to be developed in Vancouver B.C.

The first panel discussion focused on the various types of spaces in the city: public, semi-public, and private space. On the panel was: art activist Kika Thorne, geography professor Reuben Rose-Redwood, sculptor Mowry Baden, and the founders of the The Wayward School, Stefan Morales and Heather Cosidetto.

They discussed questions like: What is public space? Who has the right to occupy and use these space? Do all members of society have access to it? What should public spaces be used for, and not used for? Does public space need to be regulated ? If so, by whom? Can public space be community-managed? If we spaces completely open for any use, then how do we govern our relations within those spaces? How do we sustain a shared and safe space, and prevent a tragedy of the commons?

The second session focused on public art and youth engagement, specifically the ways in which communities can support youth in becoming more positively engaged with public space, especially when it comes to art practices. The panel included Sue Donaldson of the BC Arts Council, Haida artist Sacha Ouellet, Tla-o-qui-aht wood carver Hjalmer Wenstob, and theatre director Will Weigler.

Katrina Thorsen provided examples from her 10 years of experience as a therapeutic art facilitator. Similar to alcohol and drug addiction therapy, Thorsen uses street art as a therapeutic practice for at-risk and traumatized youth. She’s found that community-based street art can be used as a highly effective tool of empowerment, helping youth integrate themselves into public life, build confidence, strengthen community support structures in an active, positive, and supportive ways. Thorsen found that providing youth public spaces to express themselves in helped them find their ‘voice’ and feel like they are be heard.

Next up was the screening of 100 Layers of Beige, a local documentary directed by Kay Gallivan (VIPIRG) and Zsofin Sheehy (Wandering Eye Media). The film focuses on  Trackside Gallery and the conflicts that led to the end of one of Canada’s largest graffiti walls.

100 Layers Beige Trailer from Zsofin Sheehy on Vimeo.

The final session focused on exploring the differences between sanctioned and unsanctioned street art. Panel participants included street artists Cameron Kidd and “Other” (Troy Lovegates), the City of Victoria Arts and Culture Coordinator Nichola Reddington,Erika Heyrman the owner of Wildfire Bakery and a local free wall, and Tiffany Conklin of the Portland Street Art Alliance.

This last panel explored topics like: Why are some forms of unsanctioned interventions (often called street art) more socially acceptable than letter-based graffiti? What are the differences and similarities between these practices? Both are often illegal, but are both always vandalism? The panel also proposed ideas on how communities can support the types of artistic interventions they want to see. Rather than criminalizing, dictating, and suppressing, instead asking: how can we collectively manage, compromise, and improve the quality and vibrancy of our streets?

Although many insights arose, a few key ideas seemed to resonate with the crowd. Some called for more action against the overabundance of advertisements in the city. Saying, that this type of visual pollution is often tolerated and ignored, only because it is backed by capital. Graffiti is no different than ads, except that it is free and springs from the grassroots. Additionally, advertisers are not easily regulated since they have strong legal teams and lobbyists. They can promote with impunity, regardless of the negative effects campaigns may have on our physical and mental spaces.

The quality and accessibility of a city’s public spaces are a true reflection of the quality, commitment, and vibrancy of the communities that live there. The peopleof the city are in control of it’s public spaces. However, this right to the city can only be realized if we have an active and empowered citizenry. Rather than being complacent or passively complaining about something, we need to act, sometimes alone, but more effectively, as a diverse group working from all angles towards a common goal.

Sharing experiences and ideas (even if conflicting) is one of the best ways to generate new solutions and approaches. Having safe social spaces where we can all communicate and be heard, regardless of our power, money, or status in the community, is the primary objective. Pubic space is the original and only true democratic arena, however, it can only serve this role if people consistently occupy it and communicate with one another about the pressing issues of their time and place. We are the city, and the city is us.

Murals and VARA Rights

By Kohel Haver - kohel@artcop.com

A painting on a wall is different only in size and accessibility to the public from those on canvas or paper. Real artists paint on buildings and cars and busses. The fundamental legal issues facing mural and street artists are relatively straightforward. Most of us are aware that painting on a building or other public property can lead to civil and criminal liability. Less often considered are the interesting and nuanced legal issues concerning copyright and ownership of the work itself. How the work got on the wall does not alter the legitimacy of the expression, the work can even be vandalism and also protected by copyright. Although communities vary in artistic preferences, especially in their regulation of public art, the expressive and aesthetic value of art is separate from its status in that regulatory process. The fact remains that even “street art” is real and as advocates for arts and artists it is something we should come to terms with. In fact many cities and businesses in America (NIKE, Vans, Levi’s, and Frito Lay) have embraced this work both to advocate the legitimacy of street art, and to utilize this young urban medium for commercial purposes. Street artist Shepard Fairey helped define the brand of the last presidential election, inviting hordes of young people into the political process. Shepard Fairey is an ambassador.

Especially relevant to the public artists are the rights regarding the attribution and integrity of the work, which is part of the 1990 Visual Artists Rights Act that became part of copyright law. VARA applies to the work of artists who paint on building walls. Important rights also control secondary uses of the art such as the making of copies, t-shirts, postcards, posters, and other commercial goods.

How Copyright law applies to Murals

Copyright law is grounded in our constitution to ensure a continuing incentive for creativity. Copyright protects “original works of authorship fixed in any tangible medium of expression.” This means the author of an original work in a tangible medium of expression owns the copyright in that work from the moment of creation: the copyright springs into existence as soon as the pen leaves the paper (starting with the cartoon), or the paint hits the wall. The law applies to the work of Shepard Fairey, Jeff Koons, KAWS, Joe Cotter, Larry Kangas, and Robin Corbo the same as it applies to any other artist.

The rights of muralists under Copyright law

Once an image is “fixed in a tangible medium of expression,” the creator of the work enjoys the exclusive right to make and distribute copies, to display the work publicly, and to make derivative works (subsequent copyrightable creations based on the original work). Through stencils, sketches, and the final image, the muralist fixes this creative expression “in a tangible medium;” thus, earning the protections afforded by copyright law.

While the rights to the work itself pass to the owner of the wall by nature of the wall; ownership of the copyright stays with the author. Under copyright law, the artist is the sole holder of the copyright to his creations; however, if a piece is painted onto a building owned by another, the building owner is the rightful holder of that particular “copy” of the work. Lawyers can split this hair separating the copyright in the art from the rights in the work therefore; the building owner could cut out the wall on which the art was placed and sell or lend it.

A building owner cannot, however, begin making t-shirts, mugs or advertising with the design because doing so would constitute the creation of unlawful derivative works or copies--the building owner is no longer using the wall, but instead, is using the art itself. Similarly, a photographer could not legally photograph the wall and then proceed to sell or license the copies. Capturing the painting in photographs is a copy or derivative. It would be a derivative work to use the patterns in the artwork to make fabric designs, packaging, or as promotions for film or video projects. Most major film and video productions obtain clearances for murals appearing in background shots. The art is a valuable tool to establish the "look and feel" of a location.

The ownership of the rights can change if the artist gives the rights to someone by signing a “work for hire” agreement which has the effect to transfer the ownership of the rights in the work. That agreement must clearly state that the work will be considered a “work for hire.” There are good reasons why a street artist may not want to demand credit for his work nor trouble himself with copyright and compensation. If we are talking about graffiti, making such a demand could expose the artist to civil and criminal liability for vandalism, trespassing, and a host of other potential violations. These uncredited artists miss out on some copyright protections recognitions and royalties in their copyrights and devalue their otherwise legitimate work.

The artists can also give up the rights in the artwork with a license, transfer or assignment of the rights in the work. The artist can give up some or all of the rights, its up to the seller and buyer.

The Duration of Copyrights

For works created on or after January 1, 1978, when an artist creates a work under a pseudonym (for example, calling oneself “KAWS” instead of signing with one’s actual name) or creates a work anonymously, the copyrights in that work only lasts for the lesser of 95 years from first publication or 120 years from the year of its creation. However, if an artist’s identity is revealed in the registration records of the Copyright Office (including in any other registrations made prior to the expiration of the copyright term), then the term will last for either (a) the life of the author plus 70 years; or (b) in the case of a work made by more than one person, for the life of the last surviving author plus 70 years. These nuances often mean that an unattributed work fades into the public domain much sooner than an attributed work.

The Visual Artist’s Right of Attribution and Integrity

We know that a building owner can sell the building or the wall itself but cannot make t-shirts of the art. Another question is whether a building owner may paint over a given work of art. The standard provisions of copyright law only prevent people from violating the copyright holder’s exclusive rights which include distribution, making copies, and selling or licensing derivatives. The artist and copyright holder would typically be powerless to stop the destruction of the work except for VARA which might add additional rights. If the work is of “recognized stature” the artist may be able to prevent its destruction by exercising his moral rights under the Visual Artist’s Right of Attribution and Integrity (“VARA”).

VARA was enacted in 1990 as an amendment to the Copyright Act, to provide for the protection of the so-called “moral rights” of certain artists. “[M]oral rights afford protection for the author’s personal, non-economic interests in receiving attribution for her work, and in preserving the work in the form in which it was created, even after its sale or licensing.” VARA provides that the author of a “work of visual art,” “shall have the right,” for life,

(A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and

(B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.

How VARA applies to a mural including street art

Upon passing VARA in 1990, Congress instructed courts to use common sense and generally accepted standards of the artistic community in determining whether a particular work falls within the scope of the definition of a “work of visual art”, and explicitly stated that “whether a particular work falls within the definition should not depend on the medium or materials used.” Protection of a work under VARA can depend upon the work’s objective and evident purpose.

VARA protects only things defined as “work[s] of visual art.” There is no clear bright line standard for where this applies. The congressional debate “revealed a consensus that the bill’s scope should be limited to certain carefully defined types of works and artists, and that if claims arising in other contexts are to be considered, they must be considered separately” (Thus the “legislation covers only a very select group of artists”). VARA does not protect advertising, promotional, or utilitarian works, and does not protect “works for hire”, regardless of their artistic merit, their medium, or their value to the artist or the market.

As the quoted text reflects, VARA confers rights only on artists who have produced works of “recognized stature,” or whose “honor or reputation” is such that it would be prejudiced by the modification of a work. To determine whether a work is of “recognized stature,” courts typically apply a two-part test: (1) the work is viewed as meritorious and (2) this stature is recognized by art experts, other members of the artistic community, or some other cross-section of society. To satisfy this test, the artist will probably have to rely on expert witnesses; however, a long-existing work with some importance to the community should be sufficient. For the purposes of this determination, “recognized stature” can be either recognition of the work itself, or of the artist.

The rights of muralists under VARA

VARA grants artists a type of “moral rights.” For example, from the Büchel (Mass MoCA) case, part of the law provides that the author of a “visual work” has the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation.

Under VARA, authors of qualifying works have the right to prevent its destruction. Destruction of such works can lead to substantial liability. In 2008, Kent Twitchell (an American muralist) settled a case under VARA and California’s Art Preservation Act (CAPA), in which he was awarded approximately $1,100,000 for the destruction (painting over) of his 70-foot-tall landmark mural of the iconic L.A. artist Ed Ruscha.

However, even if all the VARA elements are met, courts may still deny relief to artists who have illegally placed their works on property. This was the case when artists illegally placed artwork in a community owned garden on city property. When the interior construction by the artists was identified as a “work for hire” so the artists did not own the copyright (Carter v. Helmsley-Spear). It was also the case with a temporary mural (Pollara case) attached to a chain link fence in Albany New York, regardless of the artists reputation and quality of the work, political appropriateness, or value of the message. But it was not the case when the artist and museum disputed whether the work was “finished” and if it could to be publically shown (Büchel).

Unpermitted work in violation of the law

Under VARA, artists who illegally paint the property of another are probably without a means of stopping the destruction, removal, or transfer of that particular manifestation. As a result public pressure rather than copyright law is probably the best means of protecting such work—if the work is truly special, of recognized stature, or widely appreciated by members of the community, then coordinated action from local citizens may be the only way to save it regardless of artistic merit. While there is a growing recognition of street art, illegally placed artwork is subject to the wishes of the landowner. Whether you agree or not, the legal reality balances the value of art against the value of property rights, and the result is unsurprising. Although it makes sense from a policy perspective, it has also led to the destruction of many important works of art. Copyright law applies to all artwork, legal or otherwise. “Legal” work can have the additional protection of VARA which might prevent certain important works from being lost, or altered, or even exploited improperly. Conversely, artists of commissioned work may be entitled to VARA protections even absent their ownership of the copyright.

Conclusion

Copyright grants artists the right and ability to control the copying and distribution of their work. Murals painted with the approval or the property owner will enjoy this protection under VARA if it meets the necessary subjective conditions. If it’s protected under VARA and if the artist or their agent is attentive, if there is an attempt to alter or deface the work the artists has rights that can stop the artwork from being changed or even repaired without permission. But the artist must assert that right. The artist should be able to assign that right to someone, or an agency, to protect the work like the Mural Conservancy of Los Angeles. That solution hasn’t been tested in the courts, but certainly has been suggested in the cases.

With regard to unpermitted works, the rubbing out, painting-over and alteration by other artists, and the constant changing urban landscape drives street art forward. While such art can be commoditized, it is inherently impermanent. Perhaps today’s mural and street artists owe thanks to the public reaction and the laws that constrain the medium because they force it to evolve.

Read more about VARA rights in this article.

Burnside Arts Trust: Community Art Vs. Graffiti Abatement

BURNSIDE ARTS TRUST: COMMUNITY ART VS. GRAFFITI ABATEMENT

By Burnside Arts Trust

On Easter Sunday, a small group representing the Burnside Arts Trust attempted to give the City of Portland something it sorely needs more of – public art. The long boring stretch of boarded-up grey windows of the historic R.J. Templeton Building on the Burnside Bridge has been a magnet for graffiti and other vandalism for years. Like many other derelict buildings in the city, the Templeton Building attracts urban artists, and later, graffiti abatement crews.

This was the chosen location for the Burnside Arts Trust's latest public art project in Portland. The Burnside Arts Trust hoped to give the city a large public mural that would reduce graffiti vandalism on the Templeton Building and shine light on the uplifting and positive effects that public art has on the surrounding community. This was a lost chance to celebrate Portland's weirdness and its thriving arts culture.

Unfortunately, the mural, which took hours to create, was painted over with grey paint the very next day. Just hours after being buffed, graffiti tags already began reappearing. These, too, will soon be buffed in an endless cycle of creative destruction.

Portland has a long and tumultuous mural arts history. In 1997, 2003, and 2006 the City was sued by Clear Channel, the multi-media conglomerate. Clear Channel demanded that Portland murals be regulated under the same codes that their advertisement billboards were. Even though community activists fought and lessened the burden, these regulations still create a complex code of red tape and barriers for artists who are attempting to paint in Portland. The process also requires applicants to pay the city a permitting fee, something many freelance artists cannot afford. Instead of revisiting the mural code as promised many years ago when it was finalized, the City has chosen to instead focus its efforts on enforcing a zero-tolerance graffiti abatement program. Just one of the many examples of how the graffiti abatement program handles the issue of community art occurred in the summer of 2011 when two public murals in Portland were classified as ‘graffiti,’ even though they were endorsed by the building and business owners and neighboring residents. One of the murals painted over by graffiti abatement was by prolific artist Jules Muck.

The speed in which the Burnside Arts Trust mural was removed, shows that the City of Portland is only willing to celebrate or advance the arts in a very controlled and regulated way. By doing this, the City places a very arbitrary and subjective definition on what constitutes as ‘art’ and ‘graffiti,’ making it clear that citizens do not have a voice when it comes to what they want the spaces around them to look like. These heavy-handed measures also restrict emerging artists, who do not have money or access to a gallery, from sharing their art with the city. The Burnside Arts Trust hopes that this mural project, and the story of its demise, will prompt city officials to reconsider these restrictive public art laws that control our shared creative spaces. If we want to ‘Keep Portland Weird’ and ensure it is seen as a creative capital of the Pacific Northwest, the City must start tolerating more artistic interventions in public space and allow its citizens to enjoy what countless other cities long have, a thriving public art scene.

ALL PHOTOS © PSAA

Decapitalizing Public Space

Originally published by Partizaning, a participatory urban re-planning and activist organization based in Russia that promotes the idea of art-based DIY activism aimed at rethinking, restructuring and improving urban environments and communities.

Originally published by Partizaning, a participatory urban re-planning and activist organization based in Russia that promotes the idea of art-based DIY activism aimed at rethinking, restructuring and improving urban environments and communities.

An article written by local artist Nina Montenegro and PSAA’s Tiffany Conklin, about the Free the Billboards project that took place in Portland during the summer 2012 and why it’s important to re-claim and re-imagine Portland’s public spaces.


Street art is as transient as life itself; it often disappears as quickly as it appears. This ephemeral nature gives the work a freedom, spontaneity, and playfulness seldom reached in other, more lasting forms of art.

With street art, a different kind of reality is offered, one in which our physical urban surroundings are not static, but are mold-able by each of us. It encourages dialogue within society about cultural values and norms. It produces shared narratives between people, ideas, and the built environment.

Artists who place their work in the streets engage in a form of grassroots place-making—they construct and invent new types of spaces and social relations, showing that the value spaces have (or don’t have) and the meanings we attached to spaces, are constantly changing—in an endless cycle of creation and destruction.

(Re)Claiming Public Space

We’re often pushed towards a ‘containerist view’ of public spaces, seeing them as inert vessels which we have little influence or control over. Many of our shared spaces are actually ‘pseudo-public spaces’ that are specifically designed to restrict the possibilities of appropriating them to fulfill our needs. They are heavy monitored spaces; CCTV surveillance, motion, and vibration sensors track many activities. In this system, property rights often trump human rights.

The nature of public spaces in modern cities corresponds to an economic mode of life that we’ve embraced—one of reproducibility and repetition—that consistently reproduces and reinforces hierarchical relationships (Lefebvre & Goonewardena 2008). Since many of the values we hold are mediated through the desire to accumulate capital, the spaces we produce often reflect this preoccupation.

These spaces are not really meant to be used by the public. Homeless people are now basically banned from existing in many US cities. Public spaces are designed to control behaviors, protect investments, and ensure smooth circulation through the mechanics of the city.

Unique places are increasingly smoothed over. Every place begins to look like the next. Through the process of re-ification, an imaginary ‘ideal’ of what cities should be is produced by those in power, regurgitated and presented to the public as real. Take for instance the dramatic transformation of the once gritty New York City Times Square into a Disney-fied Main Street USA. These distorted urban mirages are hollow shells of what cities really are: diverse, dirty, melting pots of people and ideas.

The sense of ‘place-lessness’ often felt in these pseudo-public spaces is a result of them not being grounded or connected to the people who occupy them (Massey 2005). Feelings of alienation and disconnectedness are spurred from our disengagement from public spaces.

Additionally, public spaces have not historically been a guaranteed public right—they have been made public because people take the space, making it public (Cresswell 1996). Public space only remains open if citizens ensure its continued access by occupying it and consistently pushing its boundaries. Having access to public space is vital to a healthy democracy because of the functional necessity of having a physical arena to communicate with others and voice dissent.

One way to counter-act this spectacle is through tactical urban interventions. Artists are re-embracing the revolutionary ideas of the Situationists of the 1950s by creating ‘situations’ that take pedestrians off their predictable paths, outside their habits, and jolt them into a new imaginative awareness of the city where space is in a constant state of becoming.

Free the Billboards

Street artists produce artifacts that sit in direct competition with sanctioned public art and commercial advertisements. On average, we’re exposed to 3,000 to 5,000 ads per day. Being constantly confronted by this onslaught of ads pushes us to be passive consumers rather than contributing citizens.

Advertisements are considered normal and acceptable uses of public space because capital interests regulate them. Visual communication amongst community members (i.e., street art, murals, etc.) is illegal unless permitted and paid for. Advertising conglomerates can easily pay to display marketing in our public space. On the other hand, individual citizens are up against complicated bureaucracies, curators, and fees. Therefore, many artists choose to ‘go rogue’ and express themselves in the streets without permission. A number of cities and states are pushing back. Sao Paulo Brazil, Houston Texas, Maine, Vermont, Alaska, and Hawaii have all banned billboards from their public spaces.

Street art stands separate (for the most part) from the commercial sphere. If done without permission, by its very nature, street art confronts mainstream ideas of a well-organized and regulated public sphere. Even if street artists don’t intentionally protest against this system, their public work does spark a new type of awareness in the minds of passersby. The possibilities of the space have been opened up, even if slightly.

In the summer of 2012, Nina Montenegro began Free the Billboards, a project to revive community interaction at the street level in Portland, Oregon USA by facilitating a (re)imagination of public visual space. Imagery and ideas were collected from community members via an online public forum. The public submitted pictures of what they would rather see displayed on their neighborhoods billboards, other than advertisements—artwork they loved, poetry, anything they felt strongly about. The community-contributed images were placed into vintage Portland-made View-Masters, which were then put into hand-crafted recycled brass and steel pedestal stations that were strategically positioned in front of billboards around the city.

The collected images were superimposed over the ads. Pedestrians could peer into the View-Master to see the wall before them with art, gardens, or poetry on it instead of an ad.  The powerful visioning tools acted as a gateway into an augmented reality.

Playing with the Streets

The use of View-Masters also invokes a playful nostalgia, as many of us may remember playing with these toys as children. Play is an important but largely neglected aspect of human experience in the city.

As children, we all explore, touch, and manipulate things. This is how we learn about the reality of objects and the structuring of space (Tuan 1974). When adults play in the city, it is often seen as a controversial waste of time and energy (Stevens 2007). Cities are planned to optimize work and other rational objectives, with leisure space serving well-defined functions. Therefore, spontaneous actions like this challenge the rigorous timetable of bureaucratic and capitalist production (Bonnett 1992).

Playing in public spaces, especially those not designed for it, reveals new realms of possibilities and embraces the space’s embedded use-value. This tactical blending of art, play, and life is a lived critique of rational action, because it discovers new needs and develops new forms of social life illustrating the capacities for social action and expression that the urbanization of society has made possible.

Free the Billboards aims to produce counter-spectacles that interrupt everyday experiences and provoke a reorientation—a temporary liberation from established order. The installations produce an imaginative and autonomous world; one that helps people (re)imagine the urban spaces around them.

The project intends to crack open the status quo, to challenge people to think beyond the current reality and imagine a new one, one of their own making. Instead of our public places being produced for us and controlled by distant bodies for profit, citizens must demand the right to the oeuvre, the right to participate in the creation of their own realities.

ALL PHOTOS © ALEX MILAN TRACY

SEA Street and Graffiti Art

The City of Seattle manages graffiti reporting, abatement, and removal primarily through the Graffiti Prevention Program housed within Seattle Public Utilities. Seattle’s Graffiti Nuisance Ordinance was adopted in 1994 and requires property owners to remove graffiti within 10 days of a report, or the property owner will receive a notice of civil violation and directed to appear before the City's Hearing Examiner. The Hearing Examiner can fine the property owner up to $100 per day (with a maximum of $5,000) if the graffiti is not removed. Like many cities, Seattle has a 24-hour Graffiti Report Line and online reporting system. Additionally, the City’s Adopt-a-Street program organizes volunteers to participate in “Paint Outs,” which are periodic community graffiti removal events. In 2009 (the last publicly reported statistic), the City of Seattle spent $1.8 million. Additionally, the King County Metro Transit that spent another $734,000 in 2009 removing graffiti from transit property.

In 2009, at the request of City Council, the City conducted a research study to examine how the City handles graffiti removal, prosecutes offenders, and educates the public about graffiti. Part of this research was a web survey conducted with 900 Seattle residents, businesses and organizations. Surveys of this type about the public’s perceptions and opinions of graffiti are rare. The survey found that public views on graffiti are mixed, with 49% saying that graffiti was “a medium to very big problem,” 21% saying it was “a small problem,” and 39% saying graffiti was “not a problem” at all.

This graffiti report made nine recommendations to the City. Adding “stickering” as a form of graffiti was at the top of that list. In response to this recommendation, the advocacy community group Graffiti Defense Coalition was formed. These activists fought against the adaptation of this new policy and successfully blocked the addition of stickers into the graffiti code. Read more about the community's reaction to this report here

Another report recommendation was to hire a dedicated police detective to apprehend and prosecute graffiti offenders as part of a two-year pilot project. This recommendation resulted in the hiring of Christopher Young in 2011, who continues to work as Seattle’s sole graffiti detective in 2016. Interestingly, Detective Young also runs the website Graffipedia.org, which aims to be “a training aid for other graffiti investigators.” On this website, Young reports that in 2012 there were 181 identified graffiti suspects in Seattle, of which 71% were adults, with an average age of 23. Young also reported that only 1% of graffiti in Seattle is gang-related. This statistic suggests that association between graffiti and gangs is a myth, and the fear that they public has that graffiti is a signal of criminal activity in a neighborhood is unfounded. This is also perplexingly quite lower than 12-15% of gang-related graffiti reported in Portland. Seattle is a much larger city, so you would expect that it has more gang activity than Portland. This dramatic difference calls into question the methodology used to track and report graffiti statistics, which is not systematic or disclosed.

The City also conducted a systematic, single-day, physical count of graffiti in four sample areas in two Seattle neighborhoods and documented 556 instances of graffiti including 551 common tags (five of which appeared to be gang-related). It was found that public property was nearly twice as commonly tagged as private property, with traffic/street signs, utility poles, and pay stations as common targets.

Seattle is famous for its free spaces for graffiti and wheatpastes. 

Post Alley, Pike Place Market

The Pike Place Public Market Historic District is a distinctive collection of early twentieth century commercial buildings and public spaces that have evolved and functioned as a vibrant public space since August 1907. For over 100 years, this labyrinthine of angled streets and steep grades has maintained a distinctive physical and cultural character. One of the main points of interest of Pike Place, for both locals and visitors alike is Post Alley, named for the Seattle Post, which used to be located at the alley's southern end. This narrow alley passage is famous for its gum and wheatpaste art wall. The gum tradition began in 1993 by patrons of a nearby theatre. It is unclear how long the wheatpaste art wall has existed (please email PSAA if you have data on this history), but it's past is likely intertwined with the historic tradition of pasted city notices and advertisements, especially considering this is a high-traffic corridor once occupied by a newsprint company. With both the gum and wheatpastes, the Pike Place Market management and the City of Seattle police takes a “hands off” approach to these public interventions, allowing and even somewhat encouraging freedom of speech and expression in these spaces (likely due to the obvious tourist-draw). Over the years, the gum has spread quite a bit. So much so local street artists have attempted to clean the gum off the art side of the alley, even spraying stenciled signs saying to please not to put gum on this side of the wall, but to no avail. Even though the City of Seattle's sanitary department cleans off some of the gum bi-monthly, in 2015, they undertook a multi-day process of completely cleaning off both walls. Within hours of being clean the gum started to re-appear and artists from all over the pacific northwest descended upon the alley to reclaim the art space with their wheatpastes. For the foreseeable future, Post Alley is one of the United States most open and accessible public art spaces.

Since the 2010 report, alot has changed in the Seattle street art graffiti art scenes.

SEATTLE HAS BEEN THE HOME OF AMAZING ARTISTS FOR SOME TIME, BUT UNTIL RECENT YEARS THE SKYLINE HAS LACKED THE TYPE OF LARGE SCALE MURALS THAT LANDMARK OTHER CITIES OF CULTURE AROUND THE WORLD. SEVERAL ORGANIZATIONS AND PROJECTS HAVE WORKED TOGETHER TO CHANGE THAT.

Urban Artworks

Urban Artworks is a Seattle-based 501(c)(3) nonprofit organization that provides opportunities for contemporary artists and local youth to work together to create public works of art. Since 1995, they have collaborated with more than 2,000 youth to bring art to public and private spaces throughout Seattle neighborhoods. They have organized murals by internationally renounded artists such as Insa, Erik Burke, and Devin Liston and local Seattle-based artists such as Mary Iverson, John Sarkis and Kyle Martz. You can find their murals all around the city. They are also well-known for their successful utlity singal box project in along Broadway and in Fremont. 

Photo by Jake Hanson (Urban Art Works)
John Sarkis Mural (Photo: Urban Art Works)

Seattle Mural Project & Graffiti Defense Coalition

In 2014, the Seattle Mural Project brought murals by NoseGo and Ellen Picken to Seattle to paint as part of this city-sponsored project. This mural project was locally managed by the founders of the Graffiti Defense Coalition, a grassroots organization working for policy that supports street art.

SODO Track

The SODO Track, which runs along the public transit corridor is a unique mural project that asks artists to explore one theme side by side – motion, speed, progression – to reflect the experience of its viewers. Artists from Seattle and around the country, together with international talent are painting large-scale murals to mark the portal to Downtown Seattle as an imaginative raceway of art in motion. The team making this happen includes 4Culture, Gage Hamilton (director of Portland's Forest for the Trees project), SODO BIA, and Urban Artworks.

TUBS [Demolished 2014]

For 7 years, the former 104-year old building known as TUBS sat vacant at the corner of 50th and Roosevelt in the University District, amids a bustling urban neighborhood. In 2009, the building owner thought it's demise was near, so they invited graffiti artists to use the 12,000-square-foot space as a canvas for their art and expression in the meantime. The owner wanting to provide the community an "ephemeral and evolving" piece of curated street art. Over time, the space opened up even more to other artists, and it essentially became a free wall and a hot spot for Seattle graffiti.

A year after the free wall began, the City had receive over 900 graffiti complaints. But the building owner fought back, citing their private property rights and community appreciation for the art. By this point, TUBS had become a tourist destination and like many graffiti meccas, served as an urban backdrop for photographers and filmmakers.

In response to the complaints, the City of Seattle said they're hands were tied and they had no power to force the owner to clean up their building. Seattle City Attorney Ed McKenna said, "Legally, we're in a difficult position. We can't force the owner to remove his graffiti, so we have pretty much have exhausted every remedy." The City of Seattle defines graffiti as "unauthorized markings." The difference with TUBS was that the building owner willingly allowed their building to become a "free wall," so the City of Seattle could not fine or penalize them for graffiti. The free wall at TUBS continued for 6 more years until 2014 when it was finally demolished to make way for a large condo building. 

Like the SoDo Wall before it, the TUBS free wall was an important piece of Seattle's urban art history and unique when it comes to other cities in the U.S. For example, in neighboring Portland, OR a free wall like TUBS could never offically exist. While the City of Portland also defines graffiti as "unauthorized markings," it also requires a mural permit or waiver for any public art. So if a piece of art doesn't have a permit, the City of Portland can deem it as "graffiti" and force property owners to remove it regardless of whether or not the owner consented to the art in the first place. 

Alberta Arts District Murals Buffed

ART BASE COMMUNITY MURAL PROJECT FACES FORCED REMOVAL BY THE CITY

Portland is a city that by all appearances is constantly in flux. Nowhere is this more noticeable than in North Portland, where the Alberta Arts District draws thousands of people each month to its Last Thursday, where collectively-inspired permaculture gardens explode into vibrant natural canvases in lots that dandelion weeds and thistle once overwhelmed, where old bike parts and other rusty recycled metals decorate gates and archways, and where purposeful paint sprawls across intersections, bike lanes, and otherwise crushingly quotidian surfaces.

While Alberta Street has drawn ample attention as being a revitalized center for art, commerce, cuisine and cooperatives, commuters and bikers along N Williams Avenue have noticed a steady increase in the level of commitment from the neighborhood and local artists to create a more community-oriented and visually appealing thoroughfare.

Formerly dotted with forbidding, unused lots, strewn with the obligatory broken glass, and tagged with a heavy saturation of graffiti, the stretch now boasts several community gardens, Village Building Convergence’s Boise Eliot public market, and several community mural projects that cover small plywood frames or entire two-story building facades.

One such mural lies at the intersection of Williams and NE Wygant. Formerly the site of an upholstery store, and attached to a residential unit, the building was frequently the target of graffiti artists and the city seemed to neither have the willpower or resources to address the situation. Now a colorful panoply of murals on three sides, the city has stepped in to serve a notice that the murals must be effaced.

Flash back to several months ago, when residents of the house began to dialogue with the graffiti artists by creating their own visual expressions on the building. A local painter/muralist noticed the building and approached the residents about opening up the space for a mural project.

The residents pooled their resources together to rent the empty space – which they likened to an “empty, cold, concrete cave” – and turn the exterior into a display of art, with an interior that would be a “warm, inspiring den of community-building and artistic creation.” A sign was raised on the roof that heralded Portland’s new “Arts Base.”

The property owners gave permission to paint over the drab and defaced walls, and the idea was generated that murals would be painted to feature a “rotating showcase of local talent,” according to outreach communications from the project organizers.

People in the surrounding Humboldt neighborhood were contacted and invited to give their feedback and express any concerns about the project. As the tagging began to subside, all that seemed missing was an interest from the City in funding this graffiti abatement project.

The project continued informally, and several months later, people began to take notice. One resident recalls people constantly coming by to photograph the murals and commenting on how beautiful they looked.

A nearby neighbor came to paint her own mural on the walls. A local group with the moniker “Bike Temple” approached the organizers to rent space in the building. Other individuals seeking studio space for larger projects started to take an interest in the space.

Organizers raised money as they could and supplemented the rest with meager teachers’ pay, with the intention that it could some day be a self-sustaining space. “We’re trying to do something that’s benefiting the community,” says one organizer.

Enter the Portland Police Department’s Graffiti Abatement Office. In a public communication prepared by Program Coordinator Marcia Dennis entitled “How to Read Graffiti and What to Do,” she writes, “Graffiti, by legal definition, is vandalism. (See ORS 164.383 or Portland City Code 14B.80) It is the unauthorized application of markings on someone else’s property, i.e.,WITHOUT PERMISSION.”

The same coordinator has determined that the murals at Williams and Wygant have indeed met the definition of vandalism. A notice was served to the landlords to paint over the murals within ten days.

Property owners who had unquestionably given permission for the murals filed an appeal with the city to delay the repainting, but ended up withdrawing their appeal after poring over restrictive city codes. Many neighbors were surprised, confused, or angry that the residents were now being required to paint over the murals.

An organizer of Arts Base expressed their frustration, “It’s too much for them, too colorful, too loud . . . as long as we can keep it inside it would be great, but it’s hard to do a community art space when you have to keep it inside, when you can’t be loud, can’t amplify music, can’t have murals, can’t have a sign.”

Residents now have two weeks to paint over the murals, and the Graffiti Abatement Office Coordinator is rejecting further appeals, claiming that it is no longer in her “jurisdiction.” Organizers hold out hope that a sympathetic coordinator or specialist in whatever other jurisdiction the case is now in will authorize the mural project, or calls to the City Commissioner from community members might stay the date of execution for the artwork.

UPDATE: (Aug 8th, 2011) The City of Portland has allowed the murals to stay, and plans for new murals are underway. However, the City has found Arts Base to be in violation of city zoning statutes, alleging that the residential space is being used for commercial activities. While the organizers of Arts Base have gone in the red on their venture, they plan on complying with their property managers’ demands that they cease community art activities in the space in order to pass the City’s upcoming inspection.

THIS ARTICLE ORIGINALLY APPEARED IN WATCHDOG INTERNATIONAL POSTED ON JULY 18, 2011 AND ENTITLED: COMMUNITY MURAL PROJECT FACES EFFACEMENT