First of all, let us be clear; Unauthorised Street Art and Graffiti is a criminal offence worldwide. Brandalised™ does not condone vandalism, graffiti or any kind of Criminal Damage in any way.

In the UK, the Anti-Social Behaviour Act 2003 and the Clean Neighbourhoods and Environment Act 2005 criminalises unauthorised graffiti and street art and is one of the reasons why street artists by and large, prefer to operate incognito. 

In the US, all states, as well as many municipalities, have laws that make it a crime to spray graffiti on public property or private property that you do not own or have permission to use. While it may seem like a minor crime, being caught spraying graffiti can lead to significant criminal consequences.

Photography and the Law

• Taking photographs in public spaces is not illegal.
• Copyright exists in an original photograph.
• Banksy has never claimed copyright in street graffiti that is attributed to him.
• The owner of the copyright in a photograph is the photographer – photography is a creative and professional endeavour too… just ask any Pulitzer Prize winning photographer.
• We either take the photograph ourselves or license from the photographer. 
• We own the copyright all of our photographs and our rights include, but are not limited to;
• the right to manufacture, distribute, market, promote and sell products embodying our Photographs, either directly or through our licensees derived in whole or in part from the Photograph.
• the right to edit, adapt, crop and/or alter our Photographs.
• the right to use the Photographer’s Name, likeness and biography for the purpose of advertising, publicising and exploiting our Photographs.

Here in the UK our chief Legal Advisor (Aaron Wood) is an Intellectual Property Specialist. He is a Tier 1 Trade Mark Attorney (Chambers & Partners); Winner of MIP Impact Case of the Year 2021 by Managing IP; "IP Star"; listed in WTR1000 (Silver) and has been listed in the WTR1000 as one of the best Intellectual property practitioners in the world. He is one of a handful of trademark attorneys with the same rights of audience as a barrister before the UK IP courts.

Under his counsel we are able to include an Indemnification Clause in all of our Licensing Agreements.

• In the USA we are represented by Cowan, DeBaets, Abrahams & Sheppard LLP.
• In Japan we are represented by TMI Associates.
• In China we are represented by Wan Hui Da.

We do not use copyrighted images. We either take the photograph ourselves or license from the photographer, which is where copyright exists. Our image collection is made from photographs of vandalism or adaptations of vandalism. Nothing more.

Our business model is very similar to that of the publicly listed company, Getty Images.
Getty Images Holdings, Inc. is an American visual media company and supplier of stock images, editorial photography, video, and music for business and consumers, with a library of over 477 million assets.