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ukfamilysolicitor
ukfamilysolicitor, Solicitor
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My Banksy Story/ FictionalI am interested in writing a

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My Banksy Story/ Fictional
I am interested in writing a fictional story that was inspired by “Banksy” the famous graffiti artist, whom remains anonymous as so not to be prosecuted. Please can I ask some legal questions as part of my research....?
My character buys a unusual looking painting for twenty quid from a dodgy type, at a car boot sale, to later find out that the painting is none other one of Banksy's unclaimed paintings that fell from a well known London Gallery after the artist illegally glued it there himself and didn't bother reclaim it.
Questions.
1, has my character broke the law in anyway?
2, Depending on Q1, Is it his to sell or place in auction?
The below links, was the source of my reference story.
http://www.theguardian.com/uk/2003/oct/18/arts.artsnews1
http://news.bbc.co.uk/2/hi/entertainment/3201344.stm
Best
Michael
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
Interesting plot for your story.
To answer your questions:
Your chap could be said to have bought the painting in 'good faith' - he certainly won't have committed any crime as long as he didn't know it had been stolen or such like. Banksy isn't going to want to claim ownership of the painting as that would mean identifying himself.
You might think auctioneers might ask for history before they take on the item to sell. However there are other news articles of people selling carboot 'finds' at auction so perhaps auctioneers don't expect as much proof as I would have thought - perhaps you could ring one and ask. See these - Mallams appear to advocate car boot hunting:
http://www.mallams.co.uk/blog/10-tips-great-car-boot-sale-buying-day/
http://www.dailymail.co.uk/news/article-2012542/Rare-glasses-bought-40p-boot-fair-sell-auction-20-000.html
http://www.independent.co.uk/news/world/europe/rarest-beanie-baby-of-them-all-could-be-sold-for-62500-on-ebay-10186769.html
Good luck with your story!
Kind Regards
Caroline
Positive feedback is gratefully received.
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