Introduction - Graffiti: Art or Crime?

Introduction

Graffiti: Creativity or Criminality?

• Is graffiti a form of artistic expression or a criminal act?
• What ethical considerations are involved in creating and removing graffiti?

• How does society's view of graffiti compare to its view of other forms of art?
• How does graffiti challenge traditional definitions of art?

Essential Questions

Learning Objectives

• Analyze diverse perspectives on graffiti.
• Identify and evaluate arguments, evidence, and rhetorical strategies.
• Conduct research to support an argument.
• Write a well-organized argumentative essay with a clear claim, counterclaim, and supporting evidence.

Hook

Download Word document in Module.

As you learn about the laws on graffiti and watch a video think about the following:

Views on Graffiti

New York City and State Anti-Graffiti Legislation is in the public domain.

§ 10-117. Defacement of property, possession, sale and display of aerosol spray paint cans, [and] broad tipped markers and etching acid prohibited in certain instances.

• a. No person shall write, paint or draw any inscription, figure or mark of any type on any public or private building or other structure or any other real or personal property owned, operated or maintained by a public benefit corporation, the city of New York or any agency or instrumentality thereof or by any person, firm, or corporation, or any personal property maintained on a city street or other city-owned property pursuant to a franchise, concession or revocable consent granted by the city, unless the express permission of the owner or operator of the property has been obtained.
• b. No person shall carry an aerosol spray paint can, [or] broad tipped indelible marker or etching acid into any public building or other public facility with the intent to violate the provisions of subdivision a of this section.
• c. No person shall sell or offer to sell an aerosol spray paint can, [or] broad tipped indelible marker or etching acid to any person under eighteen years of age.

New York City and State Anti-Graffiti Legislation (Excerpt)

§ 10-117. Defacement of property, possession, sale and display of aerosol spray paint cans, [and] broad tipped markers and etching acid prohibited in certain instances.

• a. No person shall write, paint or draw any inscription, figure or mark of any type on any public or private building or other structure or any other real or personal property owned, operated or maintained by a public benefit corporation, the city of New York or any agency or instrumentality thereof or by any person, firm, or corporation, or any personal property maintained on a city street or other city-owned property pursuant to a franchise, concession or revocable consent granted by the city, unless the express permission of the owner or operator of the property has been obtained.
• b. No person shall carry an aerosol spray paint can, [or] broad tipped indelible marker or etching acid into any public building or other public facility with the intent to violate the provisions of subdivision a of this section.
• c. No person shall sell or offer to sell an aerosol spray paint can, [or] broad tipped indelible marker or etching acid to any person under eighteen years of age.

Visual Artists Rights Act of 1990 is in the public domain.

Section 106A. Rights of certain authors to attribution and integrity (a) Rights of Attribution and Integrity. — Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art— (1) shall have the right— (A) to claim authorship of that work, and (B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create; (2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and (3) subject to the limitations set forth in section 113(d), shall have the right— (A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.

Visual Artists Rights Act of 1990 (excerpt)

Section 106A. Rights of certain authors to attribution and integrity(a) Rights of Attribution and Integrity. — Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art— (1) shall have the right— (A) to claim authorship of that work, and (B) to prevent the use of his or her name as the author of any work of visual art which he or she did not create; (2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and (3) subject to the limitations set forth in section 113(d), shall have the right— (A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.

SURVEY

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Download Word document in Module.

Take notes using the law excerpts and the video on graffiti.