Abstract

[Urban creativity and law in a national and international perspective] This analysis of the complex relationship between urban creativity and law provides a comprehensive overview of a topic of great artistic and legal relevance. As an expressive form born and primarily developed in public spaces, urban creativity raises legal issues that often escape clear and defined regulation. The lack of specific legislation governing and protecting it as an art form leads to contradictions in legal actions taken against urban artists. In the first part of the article, a historical and artistic introduction to urban creativity is provided, exploring its origins, its protagonists, and the wide range of styles and techniques that characterize it. It is crucial to understand that urban creativity emerged as a form of expression intended for public spaces, and the occupation of such spaces constitutes a distinctive element of its nature. In the second part, the legal implications of urban creativity are addressed, examining the branches of law that could be involved in reflecting on this topic: constitutional law, criminal law, and civil law. In particular, the discipline of copyright law is analyzed at the international and national levels as the main means of protection available to urban artists. Finally, three emblematic cases are examined in the third part, illustrating the legal challenges and different dynamics that characterize the relationship between urban creativity and law. These cases include the legal saga of 5Pointz in New York, Banksy’s painting in Venice, and the mural dedicated to Ugo Russo in Naples, thus offering a comprehensive overview of the legal and artistic complexities that characterize this field.