Can Artists Enforce Copyright while Remaining Anonymous? Some Reflections from a Street Art and Graffiti Perspective

The article considers the issue of whether anonymous artists can encorce copyright in courts while keeping their real identity confidential. This question is addressed by looking specifically at the street art and graffiti scenarios. Anonymity (and pseudonymity) are indeed common in these artistic communities where pieces such as murals are often created illegally. After underlining the importance of anonymity for artists (as well as other categories of authors like journalists, novelists and musicians), the article briefly highlights the arguments against and in favour of giving anonymous authors copyright enforcement rights. The focus then shifts to the Berne Convention provisions on anonymous and pseudonymous works and the role of publishers and other entities when it comes to managing and enforcing the relevant rights. Then, in its second part, the article addresses the legal issue in question in selected jurisdictions.