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This Note outlines a brief history of graffiti, emphasizes the growing importance of graffiti as an accepted and widespread artistic movement, and applies the copyright requirements under the Copyright Act and the Visual Artists Rights Act to graffiti. Finally, this Note argues that under an incentive-based theory of intellectual property, copyright law should not exclude graffiti when it already fits within statutory law, as this would create inefficiency and contradiction in copyright law, which is meant to continually expand to accept new art forms.



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