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Banksy’s murals are most often public art drawn – illegally, in some cases – on private property. This raises issues of ownership and preservation.

Amy Adler, professor of art law at New York University, suggests that “amendments to planning legislation are therefore a possible next step”, in order to empower public authorities to preserve art in public spaces.

In Los Angeles, legal proceedings were brought when a large mural by the artist Ed Ruscha, on private land, was suddenly painted over. This was one of the few instances in which a work of public art was protected under federal visual artists rights regulations, preserving the work even if the ownership of the physical property changes.

Adler contends, however, that in Banksy’s case, “for this to apply, Banksy himself would have to file for protection, which given his penchant for anonymity and illegality of his graffiti, he does not do”.

When a mural has been put on a publicly owned space, local authorities have greater power to decide what to do – in some cases, they have taken on the task of preservation themselves. In 2006, Bristol city council polled residents when a Banksy image appeared on a public clinic: 97% said they wanted it to stay.

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– http://www.theguardian.com/artanddesign/2013/oct/06/banksy-new-york-murals-law