Banksy, the Lawyer and the Gangster – and the confusing matter of copyright

Micky Fawcett – art lover – at the Queen Elizabeth Olympic Park in Stratford, East London.

My last blog was about an artist who was interested in gangsters.

This one is about a gangster who took an interest in art. 

The word gangster is faintly meaningless. It just means someone who is in a gang. So schoolchildren could be gangsters if they are in a gang, if you wanted to use the word in that context.

In the UK, the Kray Twins are another type of gangster. And, if someone was a close associate of theirs – if he was part of their ‘gang’ – then I suppose he could be called a gangster.

Micky sips a quiet coffee while perusing a shot of himself and ‘Brown Bread’ Fred Foreman in Brian Anderson’s recent photographic book

Micky Fawcett was a close associate of the Krays.

In Lock Stock and Two Smoking Cameras, Brian Anderson’s recent book of photographs of British crime figures, shot over ten years, Micky Fawcett is described as “a man who would not hesitate to use guns and razors, a well-known associate and part of the inner Kray circle in the 1960s. Author of Krayzy Days, which is said to be the best book written about the Krays due to Micky’s first-hand knowledge”.

(In the YouTube video above, Micky Fawcett appears at 1 min 03 secs.)

Krayzy Days tells of far more than just Micky’s life with the Krays. He was and is a man of many interests. Around 2006/2007, he took an interest in art and was involved with the Smudge Gallery in Spitalfields Market, London.

Page One of the letter from Banksy’s lawyer

On 17th November 2006, the street artist Banksy’s lawyer, sent a three-page letter to Micky. It started: “It has come to our client’s attention that a number of our client’s copyright works have been used by you without our client’s permission first being sought or obtained.”

The letter referred to “the continuing flagrancy of the infringement complained of (within the meaning of Section 97 (2) of the UK Copyright, Designs and Patents Act 1998)”.

Particularly miffing – Banksy art ad

Banksy – who is, lest we forget, famous for painting graffiti, usually uninvited, onto walls owned by other people – seemed to be particularly miffed that ads had appeared saying: 

PSST!

WANNA BUY A BANKSY?

VISIT SPITALFIELDSARTMARKET.CO.UK

A couple of days ago, I asked Micky about what had happened:

The Smudge Gallery in Spitalfields Market in London in 2006. It is no longer trading.


JOHN: Have you still got the shop?

MICKY: No.

JOHN: Because?

MICKY: The market was completely redeveloped and we no longer had the premises. So that was that.

JOHN: How long were you involved in the gallery?

MICKY: A couple of years, maybe.

JOHN: What had you done to incur the wrath of Banksy’s lawyer?

MICKY: We had hired a cameraman to go around taking pictures of all the Banksies, which we then transferred onto canvas and sold and we were very, very busy. The one with two policemen kissing was very popular. They all were, really. It was a tremendous business.

JOHN: That’s surely legal? You were taking photographs of something on a wall in public view from the public street so that’s in the public domain, isn’t it?

MICKY: No, it’s not legal at all.

JOHN: Surely, if it’s outside in the street, I can take a picture of it, can’t I? And the photograph is my copyright.

MICKY: You can take a picture of it, but you can’t put it onto a canvas as if you’ve done the picture.

JOHN: Banksy never put them on canvas, though. He put them on walls. So it’s not masquerading as his work. It’s your original work of art – a canvas print of your original photograph of something Banksy did on a wall in a public place.”

MICKY: When he puts it on a building, they can sell the building.

JOHN: So that’s private property. But, you could surely take a photograph of Wembley Stadium and then sell a canvas of your photograph. I think you should go back into the art business again.

MICKY: No, I don’t want to go into the art business or any other business. You do it.

JOHN: But you might sue me for stealing your idea. Banksy is famously secretive. What was your response to the lawyer’s letter?

MICKY: Eventually, via a barrister, a straightforward Who is this Banksy? We never heard another word from them.

JOHN: Nothing?

MICKY: They came and put a sticker on our window saying NONE OF THE CONTENTS IN THIS SHOP ARE GENUINE BANKSIES. THE ONLY THING BY BANKSY IN THIS SHOP IS THIS NOTICE.

JOHN: You should have taken a picture of the notice, printed it on canvas and sold it.

MICKY: I know. We should have kept the notice.

JOHN: Come to think of it, how do I know you are not Banksy?

MICKY SAID NOTHING AND JUST LOOKED AT ME.

1 Comment

Filed under Art, Crime

One response to “Banksy, the Lawyer and the Gangster – and the confusing matter of copyright

  1. Anna Smith

    I try not to toss out interesting notices.
    I found a piece of cardboard on the side of the road printed with the words ” DON’T TOSS ” .in grey capital letters. Sometimes I find it upside down, amongst my papersthough and almost throw it away by mistake

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