A friend was telling me about the excerpt from Banksy’s thoughts on advertising (which are actually Sean Tejaratchi’s thoughts) that has been rolling around the internet lately. Without having read it I really found myself disagreeing with the idea. After reading it I disagree even more.
Banksy points out that because advertising is “teasing you” and you did not ask to see it then you are free to co-opt that imagery as you see fit. You can ignore the copyright of any and all advertisers and re-use that material in any way you want.
What!? First of all, this only makes sense if you are Banksy or Sean Tejaratchi and routinely engage in the reproduction of copyrighted work. Seeing as most of us don’t do that, and don’t really want to do that, the idea that we have a “right” to do it seems more a justification for them than any sort of freedom being granted to us.
Let’s pretend I hate advertising. Imagine me shaking my fist at a billboard for Transformers 2. I read this little manifesto and I get inspired! I take a bunch of imagery from Transformers 2 and I make a ‘zine called “Transforming Into A Car Is Kind of Stupid.” It’s a hit! I sell a bunch! Then Michael Bay sues me. I tell the judge, “But Banksy told me I have that right.” And the judge says, “Oh, Banksy was lying to you. You have to pay Michael Bay $20 and give him your ‘zine so he can use it as the basis for the new Ninja Turtles movie he is making.” So now I’m out $20 and I’m shaking my fist at a billboard of the Ninja Turtles.
Advertising pays for content. Public advertising subsidizes the costs of property and services like buses. Most advertising is stupid. Some of it is really good. Saying that advertising is mean to you and is the equivalent of a rock thrown at your head is an attempt to justify illegal actions by trying to convince us that the laws are not fair. We already regulate signs and advertising. There are a lot of limitations and anyone who wants to get involved in the process would likely run into the problems of trying to regulate commercial communication and the complications of that issue.
I don’t believe Banksy hates advertising. He couldn’t even be bothered to write about it. He just chose to re-work Sean Tejaratchi’s article into a justification for his mockery of Burger King (“They started it!”). A lot of people have real problems with advertising and many of their arguments I agree with. I just don’t believe this one. Imagine me shaking my head at Banksy.















