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The Real Banksy: Anonymity and Authenticity in the Art Market

December 3, 2023

(Early photograph of Banksy and “Laugh Now But One Day We’ll Be In Charge,” Banksy, via Steve Lazarides).

By Alexandra Even

Banksy’s anonymity is as a part of his brand as his art. But it now appears the artist’s long-held secret may be in jeopardy: Banksy has recently been involved in a number of legal battles with a greeting card company over a trademark dispute and now a libel lawsuit. The lawsuits have named “Robin Gunningham” as a defendant, which Banksy has officially denied is his legal name, and the plaintiff has indicated it may request Banksy to reveal his true identity. This is just one example of how Banksy’s anonymity can rub up against the legal and practical reality of operating in the art market. So how does an artist as notorious and well-known as Banksy operate anonymously when such a large part of the art market is predicated on relationships and identity?

Banksy the Artist

Banksy is not a completely mysterious figure. While he has continued to remain anonymous throughout his career, that has not stopped him from giving veiled interviews or speaking through his associates. For instance, we know he grew up in Bristol, England and got involved in the underground street art there in the 1990s.^{^[1]} In an effort to evade the police, the artist began going by a pseudonym, first going by Robin Banx, later shortening it to Banksy (this was easier to write quickly on a wall).^{^[2]}

When he was 18, he realized stencils were a faster method that would allow him to make a quick getaway from law enforcement. Banksy once spoke on this, saying, “As soon as I cut my first stencil, I could feel the power there. I also like the political edge. All graffiti is low-level dissent, but stencils have an extra history. They’ve been used to start revolutions and to stop wars.”^{^[3]}

In 1999, Banksy headed to London and noticed that anonymity created its own aura of mystery around his art. What was once a measure to avoid police soon became a star-making promotional tool.^{^[4]} Starting in 2003, the artist began a series of stunts where he would go to major art museums (such as Tate Britain, the Louvre, and the Metropolitan Museum of Art) in disguise and enter his own art into the collection.^{^[5]}

Banksy first rose to international infamy in 2005 when he created a series of images in Palestine on the West Bank’s concrete wall. The images depicted ideas about escape, including a girl floating away with a group of balloons, a boy painting a ladder, and two children with a bucket and spade dreaming of a beach.^{^[6]} Ever political, Banksy released a statement following the appearance of his art calling Palestine, “the world’s largest open prison.”^{^[7]}

"Love is in the Air," Banksy, Bethlehem, Palestine (2005) via Banksy Explained — “Love is in the Air,” Banksy, Bethlehem, Palestine (2005) via Banksy Explained

Banksy’s bread and butter is his satirical stunts that make the elite the punchline: live rats skittering around a gallery opening filled with art critics and a live elephant painted red with fliers distributed to glittering event-goers reading, “There’s an elephant in the room…20 billion people live below the poverty line.”^{^[8]} The irony is, of course, how much Banksy’s art goes for these days, but that is not lost on him – “I love the way capitalism finds a place—even for its enemies. It’s definitely boom time in the discontent industry.”^{^[9]}

Banksy has always rejected the idea that he is a cog in the machine of the art market. In 2018, Banksy pranked Sotheby’s after they auctioned off his work for $1.2 million.^{^[10]} As soon as the gavel fell, the artwork went through a shredder built into the frame. However, the machine malfunctioned and the painting was shredded only halfway, inadvertently making the piece more valuable due to the notoriety brought by the stunt, later selling for $25.4 million.^{^[11]}

Banksy almost never works completely alone, especially as his stunts grew from spray painted graffiti art to large scale immersive exhibits. For example, Banksy opened the Walled Off Hotel, which is a permanent hotel in Bethlehem, Palestine and created Dismaland, which was a temporary experience in Somerset, England.^{^[12]} This last summer, Banksy had his first solo show in 15 years at the Glasgow’s Gallery of Modern Art titled, “Cut & Run: 25 Years of Card Labour.”^{^[13]} The exhibition was the first major career retrospective and was described as “his most elaborate and extensive exhibition to date,” including many of his works, stencils, and recreations of his childhood bedrooms, his desk, and his toilet.^{^[14]}

Given the large scale of his work and the amount of people that work with the artist, it is certainly a wonder that his identity has remained a secret for as long as it has. Beyond mystique, should Banksy reveal himself, he could potentially be faced with criminal charges in a number of jurisdictions for his vandalism, property destruction, and criminal mischief.^{^[15]} Over the years, speculation around his identity has grown to include many different figures.

Banksy the…Man?

You may be surprised to learn that we think we have a pretty good idea who Banksy is. The prevailing theory is that Banksy is Robin Gunningham, fellow Bristol native and named as a defendant in the recent defamation trial brought against Banksy by the greeting card company Full Colour Black.^{^[16]} A 2016 study showed that Gunningham’s known movements correlated to those of Banksy.^{^[17]} The name Robin would also connect to Banksy given his first anonymous street name was Robin Banx. Though no one has been able to absolutely link Gunningham to Banksy and the artist has repeatedly denied that this is him, it seems to be the most likely candidate in a slew of possibilities.

Early photo of Banksy with his face concealed, via Steve Lazarides

But nothing is for certain. Others think Banksy is Robert Del Naja, a member of the band Massive Attack, also known by his stage name “3D.”^{^[18]} Banksy fans have tracked Massive Attack’s tour dates and linked them to Banksy art cropping up. Robert Del Naja and Banksy are both from Bristol, travel in the same circles, have said that they are friends, and Banksy is known to be a Massive Attack fan, using their music in his Walled Off Hotel and Dismaland.^{^[19]}

A recently unearthed clip from a 2003 BBC interview seems to reveal Banksy’s identity. The interviewer, Nigel Wrench, asks Banksy if his name is “Robert Banks” and the artist replies, “It’s Robbie.”^{^[20]} Although some are taking this clip as a monumental revelation, names close to “Robbie” have been revealed in the past, so this discovery feels in no way conclusive.

Some even believe that “Banksy” has now come to refer to a collective of artists instead of one single man. Given the wide ranging and large scale of his more recent projects, it seems likely that more and more artists are contributing to Banksy’s work under his moniker.^{^[21]} Many of his works have grown to include artists such as John D’oh, James AME72 Ame, and Damien Hirst, who himself has been charged with being Banksy.^{^[22]}

Whatever the case, Banksy’s identity is simultaneously a closely guarded secret and an open one. Clearly a great number of people know who Banksy is and are unwilling to share the information. The mystique around his identity is as much a part of his brand as his art, and his close friends and collaborators are unwilling to relinquish the magic of his anonymity.

One such collaborator, Banksy’s former agent and friend Steve Lazarides, traveled the world with Banksy, documenting and photographing his antics and managing his early career.^{^[23]} Once, in a televised interview, he referred to Banksy as “Rob” while he was telling a story.^{^[24]} When the interviewer pressed him on it, he said “That name’s out there. And who says it’s real…Robin, Robert, Robbie.”^{^[25]} Though the two have parted ways, Lazarides said he would never reveal the artist’s identity: “the general public don’t want it. If I revealed his face, it’s like telling a five-year-old that Santa Claus isn’t real. Why would I do that? And I think, you know, the general public have constructed a folk hero, and I’m not going to take that away from them.”^{^[26]}

The Real Banksy

But how can Banksy operate in the art world without any direct personal contact to it? The answer, like much of Banksy’s work of late, is that it requires a great number of people working on his behalf.

Because a quick escape from law enforcement necessitates the use of stencils, the Banksy art market is prone to forgeries.^{^[27]} To combat this, Banksy relies on his own personal authentication service, Pest Control.^{^[28]} Beginning in 2008, the service is the only official body that can authenticate a Banksy – in other words, you have to go through Banksy to buy a Banksy.^{^[29]} Pest Control is also the only point of sale when new work is available (which it rarely is).

Pest Control will authenticate a Banksy already owned or will work with buyers and sellers to authenticate an item that is in the process of being sold.^{^[30]} As is Banksy’s way, the authentication is done in rather clever ways. All certificates come with half of a fake Princess Diana ten pound note – Pest Control keeps the other half as a match.^{^[31]} Certificates of Authenticity (CoA) issued after 2020 come with an image of a rat running in a wheel (see image below).

Pest Control COA – On the left, CoA from pre-2020 (2003). On the right, CoA from post-2020 (2020).

Before Pest Control, there was Pictures on Walls (POW). The artist collective began in 2003 as an opportunity for artists to work outside the stale constraints of the art world. POW allowed artists to sell directly without having to pay commission to a dealer, produced high quality for street artists who might not otherwise be able to profit from their art, and would authenticate Banksys.^{^[32]} However, as Banksy’s and the other artist’s fame grew, POW’s business model became less and less realistic – works trickled down into the mainstream market and were fetching high prices.^{^[33]} As a result, POW closed its doors in 2017, and Pest Control remains as the only authenticator of Banksy’s works.

The process of getting a piece authenticated by Pest Control is not designed to turn a profit – rather the service charges £100 for a screen print and £150 for an original, just enough to cover costs. Inquirers will not be charged if the work is to be found fake.^{^[34]} Banksy’s characteristic irreverence bleeds even into this process: the Pest Control website states, “Many Banksy pieces are created in an advanced state of intoxication, which can make the task of authenticating his works lengthy and challenging” and “He would encourage anyone wanting to purchase one of his images to do so with extreme caution, but does point out that many copies are superior in quality to the originals.”^{^[35]}

Bansky Unmasked?

Throughout his career, Banksy has been no stranger to litigation and criminal charges. But none have come so close to revealing his identity as his ongoing dispute with the greeting card company Full Colour Black.

The controversy began in 2019 when Full Colour Black (FCB) filed a trademark dispute against Banksy. The greeting card company specialized in reproducing street art on their cards. Apparently, they offered royalties to Banksy’s representatives, which he refused.^{^[36]} Famous for once writing, “copyright is for losers,” Banksy avoids enforcing his copyright.^{^[37]} He encourages his fans to freely use images of his work for non-commercial purposes.^{^[38]} Not only is he against it for personal and political reasons, but to enforce his copyright in works would be to expose his closely-guarded identity. To assert a claim in copyright, Pest Control may have to prove they had acquired copyright from Banksy, which could require him to reveal his real name.^{^[39]}

Because of this, Banksy typically opts for enforcing trademarks. FCB’s trademark dispute was over an image of a monkey with a sandwich board reading, “Laugh now but one day we’ll be in charge.” Banksy had trademarked the image and FCB disputed the filing with the European Union Intellectual Property Office, saying that it was made in bad faith. The EUIPO first ruled against Banksy, stating that the filing repeatedly referred to Banksy, not Pest Control, and that Banksy would need to apply in his name.^{^[40]} However, on appeal the decision was reversed in favor of Banksy, with the EUIPO stating FCB failed to show “clearly dishonest behavior” on the part of Pest Control or Banksy.^{^[41]}

The now-deleted Instagram post made by Banksy on November 18, 2022 via The Sun.

But the battle is far from over. FCB recently filed a libel claim in the Queen’s Bench Division of the High Court over a now-deleted Instagram post from Banksy.^{^[42]} The post was made in November 2022, around when the EUIPO reversed in favor of Banksy.^{^[43]} An image of a GUESS store front (the company was also previously locked in a trademark battle with Banksy) with one of FCB’s trademarks “Brandalised” accompanies a caption reading, “Alerting all shoplifters. Please go to GUESS on Regent Street. They’ve helped themselves to my artwork without asking, how can it be wrong for you to do the same to their clothes?”^{^[44]} The lawsuit named “the artist known as Banksy” and “Robin Gunningham” as defendants in the case and plaintiffs seek $1.6 million for “grave damages.”^{^[45]}

FCB alleges that this post, sent out to Banksy’s 11.9 million Instagram followers, “goes to the heart of the Claimant’s business reputation” and caused them to suffer serious financial loss because the store had to be closed to the public when a crowd of Banksy followers created a disturbance.^{^[46]} FCB’s lawyers indicated in the filing that they may seek the artist’s unmasking: “His true identity has not been disclosed to the public but he carries on his public activities under the pseudonym ‘Banksy’…The claimant reserves the right to seek an order that he identifies himself for the purposes of these proceedings.”^{^[47]}

Conclusion

It remains to be seen whether Banksy’s true identity will be forced into the limelight. What is abundantly clear given his long history of protecting his identity is that he won’t go down without a fight. Some believe the likelihood that a court would force Banksy to reveal himself is quite low.^{^[48]} But with a public fascinated by the mysterious figure Banksy has created for himself, it feels like only a matter of time before he may have to step out of the shadows.

Sources:

Will Ellsworth-Jones, The Story Behind Banksy, (Feb 2013), https://www.smithsonianmag.com/arts-culture/the-story-behind-banksy-4310304/. ↑
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CBS Sunday Morning, “The mysteries of Banksy,” (Aug 2023), https://www.youtube.com/watch?v=36mxkE4BHoE. ↑
Will Ellsworth-Jones, “The Story Behind Banksy,” Smithsonian Magazine, (Feb. 2013), https://www.smithsonianmag.com/arts-culture/the-story-behind-banksy-4310304/ ↑
The Segregation Wall, Banksy Explained, Banksy Blog, https://banksyexplained.com/the-segregation-wall-palestine-2005/ (see this link for a video of Banksy and crew painting the images on the wall in broad daylight). ↑
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Will Ellsworth-Jones, “The Story Behind Banksy,” Smithsonian Magazine, (Feb. 2013), https://www.smithsonianmag.com/arts-culture/the-story-behind-banksy-4310304/ ↑
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“Half-shredded Banksy fetches $25.4 mln on return to Sotheby’s,” Reuters, (2021), https://www.reuters.com/lifestyle/5-8-million-half-shredded-banksy-try-sothebys-2021-10-14/ ↑
Id. ↑
See websites for the two experiences: https://dismaland.co.uk/; https://walledoffhotel.com/ ↑
Sarah Cascone, “Banksy’s Blockbuster Show in Glasgow Attracted Record Crowds—and the Artist Wants You to Decide Where It Should Travel Next,” (Aug. 2023) https://news.artnet.com/art-world/banksy-glasgow-show-attracts-record-crowds-2355204. ↑
https://www.myartbroker.com/artist-banksy/articles/inside-banksy-cut-and-run-exhibition ↑
Tyson Mitman, “An upcoming defamation case could finally unmask the famous street artist Banksy—but he may not be just one person,” (Oct. 2023), https://fortune.com/europe/2023/10/12/who-is-banksy-graffiti-street-artist-collective-defamation-case/ ↑
Adam Schrader, “Will Banksy’s Identity Finally Be Unmasked in a Defamation Lawsuit Brought by a U.K. Greeting Card Company?” ArtNet, (Oct. 2023), https://news.artnet.com/art-world/full-color-blank-suing-banksy-not-robin-gunningham-2371795. ↑
“Banksy unmasked? Scientists use maths and criminology to map artist’s identity,” The Guardian, (Mar. 2016)https://www.theguardian.com/artanddesign/2016/mar/05/banksy-unmasked-scientists-use-maths-and-criminology-to-map-artists-identity ↑
Emily Shugerman, “Banksy: 8 signs Massive Attack’s Robert Del Naja is mystery artist,” The Independent (Oct. 2018) https://www.independent.co.uk/arts-entertainment/music/news/banksy-robert-del-naja-massive-attack-art-who-is-he-identity-real-name-graffiti-music-similarities-a7805741.html ↑
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Carita Rizzo, “Banksy’s Identity Finally Revealed in Lost Interview,” ArtNews, (Nov. 21, 2023). ↑
Tyson Mitman, “An upcoming defamation case could finally unmask the famous street artist Banksy—but he may not be just one person,” (Oct. 2023), https://fortune.com/europe/2023/10/12/who-is-banksy-graffiti-street-artist-collective-defamation-case/ ↑
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Gemma Peplow, “Banksy – the most revealing photo yet? How his former agent documented art’s biggest mystery,”(Nov. 2019), https://news.sky.com/story/banksy-the-most-revealing-photo-yet-how-his-former-agent-documented-arts-biggest-mystery-11849365 ↑
CBS Sunday Morning, “The mysteries of Banksy,” (Aug 2023), https://www.youtube.com/watch?v=36mxkE4BHoE. ↑
Id. ↑
Gemma Peplow, “Banksy – the most revealing photo yet? How his former agent documented art’s biggest mystery,”(Nov. 2019), https://news.sky.com/story/banksy-the-most-revealing-photo-yet-how-his-former-agent-documented-arts-biggest-mystery-11849365 ↑
Tyson Mitman, “An upcoming defamation case could finally unmask the famous street artist Banksy—but he may not be just one person,” (Oct. 2023), https://fortune.com/europe/2023/10/12/who-is-banksy-graffiti-street-artist-collective-defamation-case/ ↑
Pest Control, https://pestcontroloffice.com/index.asp; Joe Syer, “Pest Control: A Guide To Verifying Banksy Prints For Buyers & Sellers,” My Art Broker, https://www.myartbroker.com/artist-banksy/guides/how-to-verify-banksy-prints-with-pest-control ↑
Joe Syer, “Pest Control: A Guide To Verifying Banksy Prints For Buyers & Sellers,” My Art Broker, https://www.myartbroker.com/artist-banksy/guides/how-to-verify-banksy-prints-with-pest-control. ↑
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Pest Control, Authentications, https://pestcontroloffice.com/auth1.asp. ↑
Joe Syer, “Pest Control: A Guide To Verifying Banksy Prints For Buyers & Sellers,” My Art Broker, https://www.myartbroker.com/artist-banksy/guides/how-to-verify-banksy-prints-with-pest-control ↑
Enrico Bonadio, “Banksy’s trademark battle exposes a huge hypocrisy in his anti-copyright views,” Quartz, (Oct. 2019), https://qz.com/quartzy/1726408/banksys-trademark-dispute-with-full-colour-black-could-backfire. ↑
Bruce Berman, “‘Copyright is for Losers,’ Says, Street Artist, Banksy: Some Trademarks Not,” IP Up Close, (May 2019), https://ipcloseup.com/2019/05/07/copyright-is-for-losers-says-street-artist-banksy-some-trademarks-not/#:~:text=Banksy’s%20satiric%20images%20are%20among,control%20and%20prevent%20over%2Dcommercialization. ↑
See Pest Control, https://pestcontroloffice.com/use.asp, (stating, “You are welcome to use Banksy’s images for non-commercial, personal amusement. Print them out in a colour that matches your curtains, make a card for your gran, submit them as your own homework, whatever. But neither Banksy or Pest Control licence the artist’s images to third parties. Please do not use Banksy’s images for any commercial purpose”). ↑
Enrico Bonadio, “Banksy’s trademark battle exposes a huge hypocrisy in his anti-copyright views,” Quartz, (Oct. 2019), https://qz.com/quartzy/1726408/banksys-trademark-dispute-with-full-colour-black-could-backfire. ↑
Adam Schrader, “EU rules in favor of Banksy in trademark dispute, allowing him to remain anonymous,” United Press International, (Nov. 2022), https://www.upi.com/Top_News/World-News/2022/11/18/eu-rules-in-favor-banksy-trademark-dispute-anonymity-guess/7871668829898/. ↑
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Adam Schrader, “Will Banksy’s Identity Finally Be Unmasked in a Defamation Lawsuit Brought by a U.K. Greeting Card Company?” ArtNet, (Oct. 2023), https://news.artnet.com/art-world/full-color-blank-suing-banksy-not-robin-gunningham-2371795. ↑
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Tristan Kirk, “Banksy sued for £1.3m over ‘grave damage’ of Instagram post about fashion store,” The Standard, (Oct. 2023), https://www.standard.co.uk/news/uk/banksy-sued-instagram-post-guess-full-colour-black-b1111802.html. ↑
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Adam Schrader, “Will Banksy’s Identity Finally Be Unmasked in a Defamation Lawsuit Brought by a U.K. Greeting Card Company?” ArtNet, (Oct. 2023), https://news.artnet.com/art-world/full-color-blank-suing-banksy-not-robin-gunningham-2371795. ↑

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.