SDSU Intellectual Property Issues Of Banksy Discussion

Review the articles on Banksy:

Banksy Tells Shoplifters to Steal From GuessLinks to an external site.

The Story Behind BanksyLinks to an external site.

Recently, a major clothing line decided to use a Banksy work in its ad campaign. Banksy’s response was to ask shoppers to help themselves to the clothing in the store, since the company had not gotten his permission to use the work in the ad campaign.

Does the use of Banksy’s work without authorization constitute a copyright infringement? Why or why not?

If Banksy sues for infringement, what must he prove? What are the likely defenses that will be raised?