Do I need permission to use an image of graffiti?
Graffiti is copyrightable by a graffiti artist if the graffiti was made with the consent, either contemporaneously or retrospectively, of the owner of the structure (building, wall, etc.) on which the graffiti was made. The graffiti artist may then assert copyright in the original and in any images made of the original, again, contemporaneously or retrospectively, and may insist on third parties seeking reuse permission for such images. Using a pseudonym appears to be common, and does not render assertion of copyright ownership void. Graffiti is not copyrightable by a graffiti artist if the graffiti was made without the consent of the owner of the structure. It is then considered vandalism, and any images could be presented as reportage. We suggest you consult us in this instance.