The mysterious graffiti artist known as Banksy is in the news again because of a defamation lawsuit that could reveal the identity of the mysterious person who goes by the well-known alias. The legal dispute has sparked debate about whether Banksy’s anonymity is in danger and how important it is to his success going forward.
The defamation action centres on Banksy’s use of Instagram to attract shoplifters to a Guess store, which he did in response to the company using his images without authorization. The greeting card company Full Colour Black, which created Guess, claims that the tweet made disparaging remarks about the business. The legal lawsuit may compel Banksy to disclose his real name, which many feel would erode the aura of mystery that has enveloped his reputation for many years.
Several inquiries and media projects have been underway for years in an attempt to identify Banksy’s real identity, but none have been able to conclusively connect the artist to any one person—unless the artist chooses to come clean. A key component of Banksy’s artistic style is the attraction of anonymity, and if it were to be uncovered, the ramifications might go far beyond a legal dispute.
If Banksy’s name is revealed, there may be international legal repercussions. Charges for vandalism, property destruction, criminal mischief, or more serious offences against the artist may be brought by law enforcement authorities. Moreover, the disclosure of Banksy’s true identity would eliminate the mystery and intrigue that have been integral components of his brand.
But this story has an intriguing turn to it. One may argue that Banksy may not even exist as an individual. Rather, it is thought that the artist’s output is the result of a collective. A lone artist by the name of Banksy once dominated the graffiti scene and even engaged in a well-known rivalry with Robbo, a legendary graffiti artist from London. But they don’t seem to be around anymore.
Banksy has evolved into a cooperative project in which several artists collaborate to produce provocative and subversive artwork. The scope and obscurity of Banksy’s larger pieces necessitate the collaborative efforts of numerous people who plan, oversee, and create these pieces. The “bemusement park” Dismaland, the Walled Off Hotel in Palestine (which comments on the Israel/Palestine conflict), and Banksy’s art residence throughout New York City are a few examples of similar partnerships.
There is much speculation about who makes up this group. There have been rumours that prominent and well-known artists, such as Robert Del Naja of Massive Attack, street and graffiti artist James AME72 Ame, and Bristol street artist John D’oh, are involved. However, these specifics are still up for debate.
What’s now making headlines is a defamation claim based on a post that Banksy removed from his Instagram account on November 18. There are claims that the post made disparaging remarks about Full Colour Black. This legal action came about as a result of a long-running trademark dispute between Banksy and Full Colour Black being resolved in Banksy’s favour by the European Union’s Intellectual Property Office (EUIPO).
The trademark, which featured a 2002 stencil of a monkey holding a sandwich board sign, was registered in 2018 by Pest Control, Banksy’s authentication business. The EUIPO judgement upheld the registration. This ruling was rendered on appeal following the EUIPO’s initial support for Full Colour Black. Because the registration was not applied for in Banksy’s name, the initial judgement invalidated it and may have required Banksy to divulge his identity in order to keep the trademark.
Full Colour Black is retaliating by requesting significant damages, at least £1,357,086 ($1.6 million), and an injunction to stop more alleged defamation.
Source:
- Scroll. in
- Artnet
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Vaishnavi Srivastava is a learning writer, a keen researcher and a literature enthusiast. She is a Sub-editor at Abir Pothi.
