However, not all graffiti is protected by copyright. For example, simple labels, signatures, and other spray paint graffiti may be too small or too simple to be considered artistic “works.” Graffiti consisting of short words and sentences, well-known symbols and drawings or simple variations of typographic decorations, lettering or coloring cannot be protected.  Even graffiti is not protected by copyright as such, no matter how artistic, because writings are not considered eligible works.  During World War II and the decades that followed, the phrase “Kilroy was here” accompanied by an illustration was widespread around the world as it was used by U.S. troops and eventually penetrated American popular culture. Shortly after the death of Charlie Parker (nicknamed “Yardbird” or “Bird”), graffiti with the words “Bird Lives” appeared in New York.  During the student demonstrations and the General Strike of May 1968, Paris was adorned with revolutionary, anarchist and situationist slogans such as Boredom is Counter-Revolutionary, which were expressed through painted graffiti, posters and stencils. At that time, other political expressions (such as “Free Huey” about Black Panther Huey Newton) briefly became popular in the United States as graffiti in limited areas, to be forgotten. A popular graffito of the early 1970s was “Dick Nixon Before He Dicks You,” which reflected the hostility of youth culture to this American president. The survey consisted of three parts, which led to qualitative and quantitative data. The first part led to qualitative data.
Participants were asked to describe in words the first graffiti “image” that came to mind. They could type whatever they wanted: words, phrases and stories. The following parts have given rise to quantitative data. The second part of the survey consisted of five general statements about graffiti, in which participants indicated on a 7-point Likert scale how much they agreed (1) or disagreed (7). Statements included: “In general, I am not bothered by graffiti” (transcoded), “The presence of graffiti is a sign of crime”, “I feel safer in an environment where there is no graffiti”, “Graffiti is an art form” (recoded) and “Graffiti is a common problem”. Together, the statements measure the general attitude towards graffiti (α = 0.75); A higher score on the general attitude scale indicates a more negative opinion of graffiti. Creeping graffiti obstructs the view inside and outside subway cars (1973) In this way, illegal graffiti can promote the advancement of science and useful arts. Because copyrighted works do not need to be useful, as patentable inventions do, the Constitution does not limit copyright protection to legal works only.
 Theories about the use of graffiti by avant-garde artists have a history that goes back at least to Asger Jorn, who said in a graffiti gesture in 1962, “The avant-garde will not give up.”   According to § 101, paintings and drawings must be signed and numbered in order to be considered a “work of art” and that sculptures must be numbered and bear the signature or other distinctive sign of the author. § 101 (1). This rule would only apply if the graffiti did not violate other by-laws or time/place/road restrictions, such as zoning by-laws (see note 73 above). But see Margaret L. Mettler, Graffiti Museum: A First Amendment Argument for Protecting Uncommissioned Art on Private Property, 111 Mich. L. Rev. 249 (2012). Many restrictions on civil gang orders are designed to help treat and protect the physical environment and limit graffiti. The provisions of gang orders include things like restricting the possession of marker pens, paint cans or other sharp objects that can degrade private or public property; Spray paints or marks with marker pens, stripes, stickers or apply graffiti to public or private property, including but not limited to street, alley, residences, walls and fences, vehicles or other real estate or personal property. Some injunctions contain language that limits damage or vandalization of public and private property, including but not limited to vehicles, lights, doors, fences, walls, doors, windows, buildings, traffic signs, utility boxes, telephone booths, trees or electric poles.
 As a result, the owner of a wall containing graffiti could sell the original artwork as part of the structure it contains or as a separate object.  For example, owners of a wall to which a Banksy room was attached could sell their wall for $200,000.  The owner of the wall may also destroy the painting or completely repaint it. The new owner of a building containing one of Banksy`s works recently did so in the UK, and the same could have been done in the US.  Wall owners can also defend their property against third parties who attempt to destroy, repaint or remove original works repaired without permission, as was recently the case with two Banksy murals removed from a factory in Detroit and a hotel in London.  As long as there is a physical means by which the work is fixed, copyright should not take into account exactly the physical means used to create or determine the work when deciding whether to grant or deny protection.