Analysis: Banksyland and the proliferation of the immersive art 'experience'

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Analysis: Banksyland and the proliferation of the immersive art 'experience'
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‘Banksyland,’ featuring the anonymous street artist’s work without his permission, raises moral, ethical and legal questions

“Immerse yourself in the world of Banksy,” one ad reads.” is a nationally touring exhibition examining the anonymous artist’s work, produced by the Portland-based corporation One Thousand Ways. It promises an immersive examination of “the world’s most infamous and elusive artist” via “80 pieces and installations.” Prices for a one-hour tour range from $22 for students to $59 for a “VIP Experience.

Art purists might find something subjectively off-putting about the exhibitions, which feature none of the original art and charging up to $60 a ticket, but it’s legally above board. According topublished earlier this year, the producers of “Immersive Van Gogh” grossed nearly $250 million off of the 4.5 million tickets that were sold.

Trademark might also be relevant in the conversation about immersive exhibitions, as it deals with a company’s brand or, in this case, the brand of an artist. “Copyright doesn’t make sense when applied to the art market because the way you make money in the art market is almost always by the sale of an authentic, original piece. There is very little value in copies,” Adler continues. This is the core thesis of her 2018 law article, ““My claim is ultimately there’s this norm of authenticity in the art market that does all the work,” Adler continues.

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