• June 26, 2005
  • Posted by Marc

Legalities of Projections

Among the emails we’ve received about the
legalities (or what penalties to expect) for temporary projections, comes this
email from Anglochic:

“Paul from Kentucky asked about the legal
consequences of projecting onto buildings there. I’m a lawyer who’s working in
California but I’m qualified in the US and England and have done a lot of work
for art world clients. The main issue these guys would face relate to the
Nuisance statutes in Kentucky.

Projecting works on to private
buildings isn’t a criminal offense, but it probably would constitute a nuisance,
which would give the authorities grounds to take down the projection and
confiscate the equipment. The more people it attracts the bigger the nuisance is
going to be, and the greater the repercussions. Further they owners of the
buildings could probably take some kind of civil action for nuisance if they
knew who had put it up, though the damages would seem to be pretty nominal.
Ultimately the police could fine the building owners for not taking action, and
then of course they’d be looking for an indemnity if they could track the artist
down.

My advice, try it once or twice with equipment you can afford
to lose or you can quickly remove. The biggest immediate criminal risk might be
for trespassing when you set up the projections. If they need more specific
advice I am happyto help pro bono.”