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A comment on Banksy's Fake Store Is an Attempt to Abuse Trademark Law to Avoid Copyright Law. Parent comment

Re:Banksy's Fake Store Is an Attempt to Abuse Trademark Law ... by fortran77 on Sunday October 27, 2019 @10:55AM (#21370084)
If he painted something without permission on someone else's wall (for example), I don't have a problem with the owner of the wall trying to profit from it.

And if he painted something without permission on a wall owned by a Government, funded by "The People", I don't have a problem with anyone trying to profit from it via photographic reproduction (modulo local copyright / ownership laws of the country the wall is in).

Warhol made art from someone else's Campbell Soup cans and everyone loved that....

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Re:Banksy's Fake Store Is an Attempt to Abuse Trademark Law ... by bufferoverflow on Sunday October 27, 2019 @05:53PM (#21372682)
Warhol's art is transformative, so there's no copyright issue. Straight photographs of art are generally not considered transformative by courts.
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