Where does the law stand on Banksy’s stolen artwork?
A man removed Banksy's installation in Peckham within an hour of it being confirmed as genuine. (PA)
A second man has been arrested on suspicion of theft and criminal damage after a Banksy[1] artwork was ripped off a lamppost in south London.
The street art installation – a traffic stop sign covered with three aircraft resembling military drones – was revealed at the intersection of Southampton Way and Commercial Way in Peckham at midday on Friday. Less than an hour after Banksy confirmed it was his work by posting a photo on social media, witnesses saw the sign being removed by a man with bolt cutters.
Pictures show a man holding a Lime e-bike steady while another man balances on its saddle and handlebars so he could cut the sign free. One of the men was then pictured running away with the stop sign, estimated to be worth around £500,000.
On Saturday, a man in his 20s was arrested on suspicion of theft and criminal damage and later released on bail as the force conducts further inquiries until a date in mid-March. On Sunday, a man in his 40s was arrested on the same charges and remains in police custody.
Meanwhile a regular stop sign has been installed at the junction to avoid endangering road users at the intersection, police confirmed.
The case has raised questions about who owns street art that has been left out in the open by an anonymous artist, and whether Banksy is also liable for criminal damage.
Southwark Council has suggested it would have liked the artwork to stay where it was, despite the fact one of its own road signs has been defaced – depending on your view of street art. The local authority told Yahoo News that it reported the incident as "theft", and made no mention to the Metropolitan Police about criminal damage.
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Before a report was made, the Met said it couldn't launch an investigation until a formal complaint was made by the property's owner – in this case the council. It is understood Banksy is not behind the removal of the sign.
Onlookers watched as a man ran off with the stop sign. (Getty Images)
Southwark Council deputy leader Jasmine Ali, called for the piece to be returned so residents “can enjoy Banksy’s brilliant work”. She said: “Of course Banksy picked Peckham, it’s already on the map when it comes to art and is a hotbed for creativity.
“It should not have been removed and we’d like it back so everyone in the community can enjoy Banksy’s brilliant work. We have reported the removal of our sign to the police to help get it back.”
A man who witnessed the removal of Banksy's artwork said onlookers “watched in awe” as a man “bashed it with his hands”. He said the man stood on the Lime bike and first attempted to “hit it with his hands” before leaving and returning with bolt cutters.
Alex, 26, recalled: “We said, ‘What are you doing?’ but no-one really knew what to do, we sort of just watched it happen. We were all a bit bemused, there was some honking of car horns. He ripped it off and ran across the road and ran away. He said nothing. He didn’t seem to care that much about the art itself.”
Met Police is not investigating criminal damage
Whatever the council's view of the artwork, some have questioned whether Banksy is still responsible for criminal damage.
When Yahoo News asked the Metropolitan Police for clarity on this, a spokesman said: "Statements on the law itself, and whether an act is lawful or not, are for the government. If the council were to make a criminal allegation in respect of damage to the sign, then we would assess that."
Yahoo News has contacted Banksy's representatives to ask if he views the incident as theft of his own artwork.
The Banksy artwork, showing three aircraft resembling drones, is estimated to be worth around £500,000. (Getty Images)
When does graffiti become criminal damage?
Criminal damage occurs when a person "destroys or damages property belonging to another, intending or being reckless as to that damage or destruction", according to the Criminal Damage Act 1971.
This definition seems simple enough, but it gets a bit more complicated when dealing with street art that is embraced by a local authority, according to Mark Thomas and Samantha Pegg of Nottingham Law School.[2] While even "temporary reduction in a property’s value or usability can amount to damage", they say Banksy "appears to be in a unique position" given that his art is "typically welcomed as an enhancement".
"Whether removed and sold, or retained as part of that property, his art is something that property owners may treat as a valuable gift," Thomas and Pegg say. They argue it would be a "stretch" to suggest Banksy's work would impair a property's value.
In fact, in some cases it's achieved the opposite, with the owners of a model village in Great Yarmouth selling their attraction for £1 million[3] after Banksy installed a piece inside.
"Unless Banksy had painted over an advertisement board, for example, there is nothing to suggest that the property’s usefulness has been impaired," Thomas and Pegg say.
It could be argued that painting over a stop sign hinders its usefulness, but that would be up to a court to decide.
"Whether Banksy would be liable for criminal damage is a question of fact and would be settled according to the particular views of those involved in the determination," Thomas and Pegg conclude.
References
- ^ Banksy (uk.news.yahoo.com)
- ^ Nottingham Law School. (www.lawcareers.net)
- ^ selling their attraction for £1 million (uk.news.yahoo.com)