Copyright and the Concrete Canvas: What You Need to Know About Intellectual Property and Public Art

"How can there be copyright protection for a mural? It’s out in public. That doesn’t make sense."

That sentiment is one of the most common misconceptions when it comes to public art. Because it exists in public spaces—on the sides of buildings, in parks, or even on sidewalks—many assume it is free to use, reproduce, or modify without consequence.

That assumption is not only wrong—it can lead to serious legal liability.

Public Art Is Still Intellectual Property

Under the U.S. Copyright Act, an original work of authorship fixed in a tangible medium is automatically protected by copyright the moment it is created. A mural painted on a wall, a sculpture installed in a park, or even a temporary installation in a plaza qualifies. No registration is required for protection to begin.

In other words, just because a work of art is publicly visible does not mean it’s public domain.

The Artist Owns the Rights—Unless They Say Otherwise

Ownership of the physical object (i.e., the wall, the canvas, the structure) does not automatically grant ownership of the intellectual property associated with the art itself. Unless there is a written agreement that transfers copyright to a commissioning party—such as a city government or private developer—the artist retains the exclusive right to reproduce, display, license, or modify their work.

This means that:

• A business cannot use an image of a mural in its advertisements without permission.
• A building owner cannot alter or paint over a mural without potential consequences.
• No one may reproduce or sell the artwork (including in brochures, merchandise, or digital content) without appropriate authorization.

The Role of VARA: Moral Rights Matter

The Visual Artists Rights Act of 1990 (VARA) provides additional protections for artists beyond the standard copyright framework. For qualifying works of visual art, VARA grants the artist two key moral rights:

1. The right of attribution—the right to be credited as the creator of the work.
2. The right of integrity—the right to prevent intentional distortion, mutilation, or destruction of the work, particularly if the work is of “recognized stature.”

In practical terms, this means removing or modifying a mural without the artist’s consent could violate federal law, even if the work is on private property.

Commissioning Public Art? The Contract Is Key.

Whenever a municipality, nonprofit, or business commissions an artist to create public work, the intellectual property terms should be addressed directly in the contract. The agreement should define:

• Who owns the copyright
• Whether the artist can reproduce or display the work elsewhere
• How the image may be used in promotional or commercial materials
• What rights either party has if the site is demolished, sold, or repurposed

Failing to clarify these issues in writing can lead to conflict, confusion, or unintentional infringement.

Can You Take a Photo of Public Art?

Yes, generally. Taking a photo of public art for personal, non-commercial use—such as for social media or personal enjoyment—is typically acceptable. However, using those images in any commercial context (such as in advertisements, brand content, or merchandise) can infringe on the artist’s copyright unless properly licensed.

Even if the art is in a public place, commercial use of an image featuring that art often requires permission.

Respect the Art. Understand the Law.

Public art is a vital part of our communities. It beautifies spaces, tells stories, and fosters dialogue. But it is also protected intellectual property. Artists do not give up their rights simply because their work exists outdoors.

If you’re an artist, protect your work with proper contracts and awareness of your rights.
If you’re a commissioner or property owner, consult with legal counsel before reproducing, modifying, or removing public art.
If you’re using images of public art in your business, make sure you have the right to do so.

When in doubt, assume the art is protected—and treat it accordingly.