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Academic

: The Faculty Lounge

Trespassory Art and the Limits of the Right of Exclusion

By Alfred Brophy

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Randall Bezanson and Andrew Finkelman have posted a most creative work, "Trespassory Art," on ssrn. In short they argue for an expansion of the rights of artists to trespass on public and private property and perform on that property--an expansion, in essence, of the right to leaflet on private property in limited circumstances (like malls) or to conduct union organizing activity on an employer's private property. (Some of the trespassory art that they talk about involves leaving marks on the property where the trespass takes place--like defacing billboards. I take it that's not protected under their analysis.)

Creative stuff. It's worth a read for property professors and for people interested in remedies, too. I think when you finish the article you'll say, "that's something I haven't heard--or even thought about--before."

Bezanson and Finkelman are operating with at least distantly parallel issues to the right--recognized by statute in some states and common law in some others--to visit graves on private property.

Full post as published by The Faculty Lounge on August 24, 2009 (boomark / email).

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Ontario Lottery and Gaming Corporation
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