Reflections on StreetLaw Brighton

Reflections on StreetLaw Brighton by Apostolos Pelekanos, final year law student, Sussex Law School (LLB Year Abroad).

As part of the final stages of the StreetLaw Brighton project, the students worked hard on their research, working in groups, presenting their experiences to faculty, and finishing off with written reflections on the past few months of StreetLaw Brighton.  The below are some thoughtful and insightful reflections from Apostolos, a member of the StreetLaw crew.

Introduction

Being able to retrieve my thoughts on the StreetLaw Brighton project from the day I applied to it, I must confess that it turned out to be something completely different from what I anticipated. Even the title serves no justice to Street Law Brighton as throughout the academic year it managed to gradually expand on so many different levels and touch upon aspects that go far beyond the rather narrow “legal approach on the street art and graffiti in Brighton” concept that was implied.

Group C: Brighton Street Art and Graffiti Scenes

As pointed out in the presentation, Brent and I had to engage with a topic that required a “journalistic” approach, one that would demand the same level of research with the other Groups, but based on different sources (more practical and less academic). Given the fact that we had limited time to provide an adequate result of our research and the reasonable reluctance of the real actors of the Brighton scene to come and talk with some “law students doing some research”, we used Sinna One of Art Schism as our gateway to the local scene. And I believe it was the right thing to do, as in our one-hour private discussion and the ones we had collectively throughout the project we acquired such a level of information, that it would be impossible to even touch otherwise. Moreover, Sinna One is a smart and well-educated person, with deep knowledge and consolidated view on street art and graffiti, open-minded and always eager to answer any query.

In terms of approaching the issue of “Brighton Street Art and Graffiti Scenes”, we thought it would have been a good idea to firstly present some local festivals, namely the last year’s Urban ArtFest, the annual B.Fest and the Graffiti Jam 2007. That would have had a twofold function: it would demonstrate that Brighton still has a vibrant scene which attracts artists from all around the UK (Urban ArtFest) and promotes the work of talented local youngsters (B.Fest) and at the same time it would provide a historical background as to when the culture of graffiti and street art started creating an impact to the city and what was the initial feedback from local authorities such as the Police and the Brighton & Hove Council (Graf Jam 2007). An overall presentation of the positive impact of the local scene in the city was also necessary, no matter how obvious that would be. Thereinafter, elaborating on the impact with the aid of photographs taken by Brent himself, and not just picked off the internet, was thought to be necessary, so that the academics will have a visual idea of what we were contented. Lastly, a quick reference to the eminent local artists helped us to cover our subject matter in a more holistic way.

Before taking part in this project, I considered myself to have a liberal and quite tolerant approach to graffiti and street art, yet as we engaged more and more through the sessions, I found myself discovering some other positive aspects of graffiti and street art, namely the touristic one and how the city council itself embraces and actively promotes the local scene and of course the therapeutic one which we were lucky enough to witness firsthand in BYC.

Sinna One’s Questions

In my opinion, the idea of having a session with Sinna One asking questions to the group in relation to his practice was really spot-on because, right from the beginning, the real character and aims of the project have been revealed: to raise some level of awareness of this contentious issue and at the same to create/ grow/ reveal some necessary skills that any aspiring solicitor should have. By having to engage with such a practical and current topic and to deal with the specific questions as constructed, we had to form an answer in a way that will be apprehended by someone who does not acquire any legal knowledge, therefore showing that we have the skill of explaining complex legal concepts in a plain way, and at the same time justify our academic background by bringing a level of sophistication and legal knowledge.

The two questions posed were “if a client asks me to do a mural on the side of a building of which they are tenants, am I legally able to do this and if not then what are the consequences?” and “what rights do graffiti writers and street artists have over their images, specifically if their work is photographed and used online?”. Almost immediately, one can tell that the questions posed are clearly practical and verify the aforementioned. I personally found very important the fact that they were posed rather early, so the whole process of researching the relevant law on the matter was yet another incentive to acquire in-depth knowledge of graffiti and street arts and all the possible aspects they might entail. Sinna One’s comments that he found the answers useful was really rewarding, as it reflected our efforts to provide trustworthy responses to his queries.

Sessions

The first session, with the tour around the city, was a great opportunity to gain context in our perception of street art and graffiti, to get a first idea of the “hot spots” of Brighton and to be introduced to the various different styles that can be found out there, in the street: from simple depictions of the famous Brighton touristic attractions to street art with strong and unequivocal political messages and from graffitis that self-promote local crews to tributes of heroes of the popular culture. Accompanied by comments of some background knowledge by Sinna One, the tour was undoubtedly invaluable and a springboard for all of us to further engage with the essence of the project.

Thereinafter, the art therapy session in Art Schism with Sinna One was again an interesting and useful experience. Firstly, because it was the first occasion to meet with each other and come closer in an ideal environment: sitting side by side and commenting on our objectively amateurish creations in the paper and canvas. Secondly, and more importantly, because we experienced first-hand the impact of creating a piece of art and the feeling of achieving something that you had no idea you are capable of. Even though it is a known stereotype the saying that “art can liberate”, seeing it in practice makes you wonder the potential impact that such sessions have in pupils expelled from mainstream education, young offenders and inmates in general.

The visit on the Youth Offending Service was also enlightening, even though not directly related to our project. It was frustrating realising that the cuts of the central government, result to the decrease of induction programmes which aim at assisting young offenders, the people who need support the most. Moreover, the confession of the staff that art-related programmes were abandoned partly because of the inability to measure their impact was also a discouraging issue. Additionally, what seemed to be problematic was the conflicting approaches towards graffiti and street art (as demonstrated in the presentation by referring to the example of the confused young offender having to wash a graffiti and the next day be asked to create one as part of his induction program). It is known to us, law students and professors, that the nature of the law is conservative and that reformation on a mater can be lengthy. Therefore, it is required by pubic services, such as the YOS, to take the initiative and construct a uniform stance towards graffiti and street art: creating art pieces in designated areas should be encouraged and protected legally (i.e. rights vested in the owner). However, at the same time, one can feel nothing else but admiration for the overall work of the people there and the dedication they demonstrate.

Lastly, the double session in Brighton Youth Centre functioned ideally as a conclusion to the project. It was a reaffirmation of the facts that Sinna One, besides a talented artist also acquires the means to communicate his knowledge and that art contains some sort of therapeutic ability. It was truly remarkable seeing pupils arriving in the sessions and having an unengaged attitude toward it quickly be transformed as soon as they were asked just to draw something on a piece of paper and even approaching the session more enthusiastically when asked to paint something on the wall. And that is why street artists should be further encouraged to contribute in project as that one: given the appealing character of that form of art in young people, artists can be used as a proxy and educate them.

General Reflection

Street Law Brighton, besides the obvious outcomes (e.g. get a grasp of the law in relation to ownership of graffiti and street art in general), managed to achieve so many things: it provided us, the students that participated, a different approach in the way we see the actors of graffiti and street art in general as we got to know a person with a deep knowledge and involvement in the local scene (Sinna One); it re-introduced Brighton putting in the frame some admirable pieces of art which are scattered all around the city and it made us realise how interrelated is aesthetic with the wellbeing of people within an urban environment; it posed questions that only a legal practitioner on the relevant branch of law will have to face and it made us consider certain legal issues in a more practical manner, away from the academic approach accustomed in the law school; and it demonstrated the therapeutic aspects of street art and their impact to the local community, primarily by giving us a first-hand experience as we had the opportunity to participate in an art therapy session in Art Schism, and secondarily by giving us the opportunity to discuss relevant programs run by the Youth Offenders Service and assess their impact on children and additionally to witness a two-part workshop session in the Brighton Youth Centre.

Personally, the most enjoyable part of Street Law Brighton was the session in Art Schism, where we were introduced to the therapeutic abilities of art. It was a first time experience and it helped me correlate (apprehending the impact of creating art on them) with the young pupils during the BYC sessions. I also found interesting the BYC sessions, because even though it did not go as planned, by mixing the teams, it gave the opportunity to all members of the SLaw team to come closer and further familiarise with each other. At the same time, this series of sessions was the most troubling as our engagement with the pupils was low. Without degrading the work done from all of us and especially from our tutor, I believe that a redesign of this session is necessary so that enhancement can be achieved: e.g. forming teams (pupil/law student) and engage in tasks that require cooperation theoretically will provide the necessary intimacy to both the pupil and the student and the latter will feel more free to ask things relevant to our project (legality/illegality; how ownership is perceived; etc.).

As far as the current stance of the law, it might seem logical that the legislative framework regarding graffiti and street arts is vague at the moment, keeping in mind that it is a newly-introduced phenomenon in its current form, highlighting the artistic aspect and less the action of vandalism and incitement of criminal behaviour per se, however as it becomes more and more appealing to young people and consequently more commercialised, an unequivocal and unambiguous piece of legislation is deemed necessary.

Thinking Property in Law and Art

Thinking Property in Law and Art by Brent Marks, third year law student at Sussex Law School (GDL Law).

Street Art Work by Brent Marks from Art Schism workshop.

As I was sitting down to write this blog I took a look back at the posts that Matilde and Mani contributed to the Street Law page and I was reminded of the benefits we’ve derived from the project so far. We have been welcomed into the thriving Brighton art scene with open arms. We spent a lovely afternoon touring the city with Sinna One, one of Brighton’s preeminent street artists. After several hours we’d seen some amazing pieces but had really only scratched the surface of what the city has to offer. This introduction has allowed me to appreciate new pieces that I encounter on my own travels around the city and at the risk of sounding cliché, I feel more a part of the community as a result.

But moving on, before I tear up here…

We also participated in an art therapy session at Art Schism with Sinna One, which was an enlightening experience for all. As Matilde wrote in her blog about that session, she had found herself taking an academic approach to art and I would echo that sentiment with regard to myself. As law students we tend to think very logically and analytically, governed by the confines of jurisprudence and legislation, but our afternoon at Art Schism was an opportunity to think differently. Sinna One encouraged us to ignore any previous conceptions we had about our artistic ability and to just get at it, and put pencil to paper so to speak. It was a refreshing change.

That said, we are still law students and we can’t just be drawing all day (unfortunately) so after those wonderful afternoons we had to sit down and answer some legal questions that surround Street Art. The questions were thus:

1. If a client asks me to do a mural on the side of a building of which they are tenants, am I legally able to do this and if not then what are the consequences?
2. What rights do graffiti writers and street artists have over their images, specifically if their work is photographed and used online?

In a legal context these are two very interesting questions, questions that do not arise in courts often. They both deal with the law that surrounds property, albeit two very different types of property: tangible and intellectual. Intellectual property law and the law that deals with tangible property such as land and chattels generally operate in mutually exclusive spheres, they do not often overlap. This is what makes street art such an interesting topic to examine legally.

The first question deals with the real property aspect, while the tenant may see the commissioning of a mural on the exterior wall as simply personalising the property – akin to changing the colour of the interior paint – their landlord is not likely to share this view. The issue of consent becomes very important, the property ultimately still belongs to the landlord, but to what degree should the tenant be allowed to take steps to personalise the space where they live. To what extent can they make autonomous decisions regarding the property?

The second question raises questions regarding the intellectual property rights that the street artists have over their work, specifically copyright. While a piece of street art may not have necessarily been done legally in relation to property to which it is fixated should that aspect of illegality completely extinguish any rights the artist has over their created work? A piece can be removed but it will be preserved through photograph, should the artist not retain the copyright over their work? On a prima facie basis, there is no reason why current copyright law cannot be adopted to cover the work of street artists. With the ease of the sharing of images via the Internet, street artists may be concerned with retaining these rights. As the popularity of this artistic genre increases these rights are becoming more lucrative.

I have purposely only addressed these questions quite basically, there are more detailed answers on this website, which myself and the other students involved have submitted. Please take the time to explore the answers to these questions. Like most questions worth investigating more questions have arisen, another layer of the onion has been peeled back.

Thanks again going to SinnaOne for his time and the questions he has posed, allowing us to think not just legally, but artistically, with some combination of the two, in relation to these fascinating questions surrounding property.

 

Legal Questions for StreetLaw Brighton

Since the beginning of our StreetLaw Brighton project with Art Schism, the two broad aims of the project have been:

To have a thorough understanding of the law applicable to ownership of art, the role law plays in the definitions of street and graffiti art;

To gain an understanding of the role of art therapy in rehabilitation and in broader questions relating to criminal justice.

Thanks to the wonderful cooperation of Art Schism and its leading street artist Sinna One, the students taking part in StreetLaw Brighton (Matilde Rocca, Ben Towell, Matt Withers, Apostolos Pelekanos, Brent Marks and Seyed Yousef Mani Nejadan) have been put in direct contact with the richness of Brighton’s street art and graffiti scene with an invaluable opportunity to respond to the central questions of the project.

The students have been divided up into 3 groups: A ‘Understandings of Art and Criminal Justice’; B ‘Public Art v Graffiti’; and C ‘Brighton Street Art and Graffiti Scenes’.  In these 3 groups they are researching into art therapy and law, street art and graffiti, and Brighton street art cultures and graffiti crews in turn.

It is in these 3 groups that they have also worked together on responding to some of Art Schism’s specific legal questions that they wished the students to research into.  The two questions that were asked to start with were:

1. If a client asks me to do a mural on the side of a building of which they are tenants, am I legally able to do this and if not then what are the consequences?
2. What rights do graffiti writers and street artists have over their images, specifically if their work is photographed and used online?

With the first question comes the underlying probing of the legitimacy of street art and graffiti in terms of ownership; it is this fact that the artist or the writer’s creativity is always created at odds with the proprietor’s rights as owner of the building or space on which the pieces are painted, which makes the street art legality (or illegality) all the more complex.  There are not just concerns of the intellectual property of the artist and their work, but also the landed realty of the proprietor, whether the art is done with permission or otherwise.  The students respond in a concise and helpful manner, revealing on a practical level that it is a matter of checking the tenancy.

With the second question comes even more fascinating considerations in terms of the role of the internet, how we share the works of street art and graffiti that are prevalent online, and yet how we should also acknowledge the artists too.  If we publish a photo of some street art in Brighton (which this project has already done!) without the permission of the ‘orphan’ artists, does that mean we are breaching copyright?  The students respond succinctly, even orphan works retain copyright, and sharing for educational purposes is legal according to ‘fair dealing’.

Here are the responses from the 3 groups to the 2 questions:

Group A (Matilde and Matt)

Group B (Mani and Ben)

Group C (Brent and Apostolos)

Art Therapy with Art Schism

Art Therapy with Art Schism by Matilde Rocca, a second year student at Sussex Law School (LLB with International Relations).

I never really thought I’d do art therapy in my life. Actually, I’ve always

Apostolos and Brent practicing their spray painting skills.

assumed myself not to be too talented when it comes to drawing or painting. I have tried in the past, but have never really been satisfied with my work since the approach I’ve used has always been very ‘academic’ – looking for perfection through specific rules and pre-defined schemes. After an afternoon spent at Art Schism as part of our StreetLaw project at Sussex Law School, however, my view has definitely changed – the experience was inspiring in many ways, not least for my understanding of how an artist can feel about their art and how this is expressed in protection of ownership in law.

StreetLaw Crew at Art Schism

At Art Schism, ‘Sinna One’ welcomed us with paper, paint pens and charcoals. The environment helped: working in an art gallery made me more inspired and effectively part of the experience of ‘creating art’. First of all, we approached drawing in a very simple way, we just drew what we wanted to with no constraints or rules. Sinna One himself didn’t tell us what to draw or what to do, he just explicitly said that he believed “everyone can draw”. I found this very helpful, as it gave me the confidence to take the first step and put pencil and paint to paper. We were all sitting at the same table doing the same thing – as much as everybody worked individually, you could really feel that the experience was in some way a collective one in the sense that it was shared with other people. The act of drawing became a relaxing experience where nobody was pressured to draw something specific, and everyone went very quiet. After that, Sinna One gave us a demonstration outside on the wall of Art Schism on how to use spray paints and explained the very basic techniques. In pairs, then, we completed our canvases with the spray paints.

Sinna One

The whole process was very simple but effective. Again, there was no pressure whilst doing it and the approach was (after maybe the first clumsy attempts of using the spray cans) overall very relaxed.  I actually began to imagine how a street artist might feel if their art is re-used elsewhere, as drawing made me realise how close the artist is to their finished product.

I could not help noticing that whilst we were doing this part of the session outside, many people stopped and looked at what we were doing. Some of them with a curious look in their eyes, others with a slightly judgmental expression on their faces which goes to show how much graffiti is still an underestimated form of art, surprisingly, even in a place like Brighton.  This reminded me of the questions this StreetLaw project poses around the criminality linked to graffiti writing and the illegal nature through which the art comes in to being.  When the paint dried up, we all finished our work retouching it how we wanted and using a preferred technique. For all this time, Sinna One didn’t interfere with our work apart from basic suggestions and encouraging comments about our work – everyone was free to express him or herself.

Matilde and Ben having fun spray painting.

This experience was overall very inspirational, and extremely interesting. Having the opportunity to take part in this project not only has made me think about the legal questions surrounding art, but made me think how much art therapy can help people, what role it can play in rehabilitation and the criminal justice system.  For us, it was enough to just take some time away from law or for someone else, a creative break away from whatever it is one normally does; or actually interact with a person’s problems, and try to help in some way. This was probably the most stimulating aspect of the whole experience: to challenge yourself with such an innate and yet so complex thing such as art, whilst considering how law defines art and what we think of legitimate or illegitimate pieces of workmanship. Attending the art therapy session with the StreetLaw group and Sinna One, taught me another way of looking at and judging my artistic work which is – not to judge it at all, just like graffiti writers and street artists too.

Matilde’s piece of art.

Thank you to Sinna One for another fun and creative afternoon at Art Schism.

Reflections on a day of Street Art and Graffiti in Brighton

‘Reflections on a day of Street Art and Graffiti in Brighton’ by Seyed Mani Yousefi Nejadan, member of StreetLaw Brighton and GDL Law student, Law School, University of Sussex.

Painted Street Furniture by Sinna One.

I have recently been fortunate enough to join the StreetLaw project at the University of Sussex, which is located in Brighton. We are engaging in an exploration of street art and graffiti, the legal questions surrounding ownership and legitimacy, as well as its place within the local community. This topic is especially relevant to us because of the popularity and wealth of street art and graffiti apparent in Brighton. The legal uncertainties and debatable social impacts that are currently associated with this form of artistic (albeit often criminal) expression, make it an important topic for legal and social thought.

On the afternoon of the 12th November we went on a tour of graffiti and street art trails around Brighton city centre. The tour was led by ‘Sinna One’, an influential local artist and a co-founder of a co-operatively-run art gallery ‘Art Schism’. In addition to seeing all the exciting art, it was interesting to learn about the ways such art has come about and the existing relationships between artists, ‘graffiti writers’ and the authorities. Most of the art we saw was, unlike what people may assume when they see street art, created legally. They were painted in with the permission or often the request of the land owners or the council. The growing popularity of street art has accompanied growing tolerance, with an increasing proportion of people and officials accepting it as a legitimate form of urban aesthetics. As Sinna One mentioned, some residents occasionally become agitated when artists begin their work in their area and on occasions threaten to call the police due to the fear of vandalism attached to spray paints, but once the work is close to completion and they see what has come out of the sprays, they change their minds. Even a growing number of police officers now refrain from arresting artists for criminal damage, considering the piece as perceived to be of high quality, even if its location is not strictly legal. The council has also showed enthusiasm in working with the artists, allowing them to paint over public walls and other objects. It’s cheaper for them to have artists work on the walls than paint public buildings themselves – and it also looks more vibrant.  Many of the street art and graffiti trails are adjacent to new property developments; many will be destroyed giving way to the new constructions.

Sinna One guides StreetLaw Brighton round the street art and graffiti of the North Laine and London Road area.

The reality of street art and graffiti, at least in Brighton, has been far from what the ‘broken window’ theory would advocate, where graffiti is seen as a reflection of the social degradation of an area. It often signifies ‘up and coming’ areas and their presence, to the irritation of the artists who live there and create the pieces, as new street art is frequently correlated with increasing rent and property prices – everybody wants to live in the newest and trendiest part of town. While attitudes are changing, at least in places like Brighton where such visuals fit perfectly with the city’s young and alternative image, the law at times remains unclear and outdated, providing much less protection to street artists and what they create as opposed to the fine arts, for example. Nevertheless, street artists and graffiti writers still retain copyright over their works, and in an era of advertisers increasingly using street art for their slogans (which goes entirely against the anti-advert ethos of the works in the first place), questions surrounding the right of ownership of the artist and royalties due when art is re-appropriated for financial gain, are becoming more and more prevalent. The legality of the art and the right of ownership of the artist come head to head where technically the manner in which the art is made should not affect its status and protection as a creative piece of work. More attention to this fascinating area in law and art should be paid.

Thank you to Sinna One and Art Schism for a great afternoon learning about Brighton’s stunning street art and graffiti talents.

Dragon painting and Giger dedication outside Art Schism.

What is StreetLaw Brighton?

What turns a piece of street art from illegal graffiti to legitimate public art?  How does art depict law, or vice versa?  What role can art play in the rehabilitation of young offenders and how can art assist in the criminal justice system overall?  What role does aesthetics play in the daily practice of law, and what are the recent changes in media and intellectual property law that account for extant creative and artistic forms of ownership?

These are some of the central questions that this StreetLaw project proposes to interrogate, bringing students in contact with not just doctrinal and desk-based legal research, but practical and community-based concerns relating to law and everyday life. 

Street Law is a law-in-action based project that is in place throughout universities in not just the UK, but the US and beyond, with the aim of getting students involved in research on a specific legal issue concerning a given community.  StreetLaw.org is a useful website on the history and ethos of StreetLaw projects.

For StreetLaw Brighton there will be a maximum of 6 students working on the project, for the duration of an academic year.

They begin with a set of research questions around a legal issue which have been provided for by the given community, and their task is then to go away and collate information on the issue, write up the research in report form and present to the community at the end of the project.

Who is the community?

‘Art Schism’ – Art Schism is a gallery and shop run by a co-operative of artists and makers from Brighton which started out life in December 2012 as a pop up shop.

Moving in to 2013 the artists decided to continue to run the space as a collective, with Art Schism becoming keen supporters of the local arts scene and the North Laine community.

Creative director ‘SinnaOne’, is keen on collaborating with Sussex Law School on the Brighton StreetLaw project and has worked in art therapy and community-based art projects, the experience of which he is excited to share with the students at Sussex.

What’s in it for Art Schism?

Art Schism will be in contact with up-to-date research and clinical legal advice on issues relating to ownership, copyright, relevant laws relating to galleries;

Art Schism will be able to work on a positive project enhancing the clinical legal experience of undergraduate students and assist in their understanding of complex issues relating to therapy, rehabilitation, criminal justice, the role of law in street art and graffiti art;

Art Schism will be part of an exciting project that allows them to work with the community in collaboration with Sussex Law School.

What’s in it for the students?

To have a thorough understanding of the law applicable to ownership of art, the role law plays in the definitions of street and graffiti art;

To gain an understanding of the role of art therapy in rehabilitation and the role this can play in broader questions relating to criminal justice;

To be able to apply that law to given situations, in a procedurally accurate and practically relevant way;

To have improved legal and transferable skills, notably applied research, communication, problem-solving, time management and team work.

Watch this space for the exciting developments of StreetLaw Brighton to come …