The Concept of “Originality” in Street Art and Graffiti: A Comparative Analysis of the legal scenario of United States and India

Abstract

This paper examines and looks at how the concept of “originality” is examined and understood in graffiti and street art and the paper highlights upon the importance of graffiti and street art in copyright law in the United States and India. Originality is one of the necessary component and ingredient of copyright protection, however, it is interpreted differently in these two countries based upon varied heritage and cultural backgrounds. In the U.S., the concept of originality focuses more on personal creativity having laws like the Visual Artists Rights Act (VARA) 1990, which protects street artists and graffiti creators. In India, the Copyright Act 1957, is more influenced by the country’s rich cultural heritage, where the concept of originality includes both collective art as well as the traditional artworks. The paper discusses is how the laws can be adapted to protect the graffiti and street art while also balancing the various rights of individual artists and how their artwork is influenced from that of the cultural background the artist belongs from. By examining and comparing the approaches of the U.S. and India, the study done in this paper explores how the copyright laws can recognize these art works in a better form highlighting upon their legal, cultural and artistic importance.