An example of this is Philadelphia. 2013). Significant resources were allocated for abatement and other clean-up efforts, and some cities even introduced mural programs or free walls to provide legal opportunities for urban youths to express their artistic creativity. Title 10 117.1 establishes an For more information on urban exploration, trespassing and the full range of related risks, check out the links on the next page. Like adult graffiti charges, the possible penalties involved in any juvenile case will differ significantly based upon the circumstances and the laws of the state or municipality where the juvenile is charged. Known as one of the greenest commercial buildings in the world, since it opened its doors on Earth Day in 2013 the Bullitt Center has been setting a new standard for sustainable design. In some states, the information on this website may be considered a lawyer referral service. During the 1980s and 90s many jurisdictions sought ways to eliminate and remove graffiti, fearing that it would otherwise lead to the debasement of the community. no paint, [or] ink or etching acid. Meeting with a lawyer can help you understand your options and how to best protect your rights. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information. To some observers graffiti is a form of public art, continuing the tradition, for example, of the murals commissioned by the U.S. Works Progress Administration Federal Art Project during the Great Depression and the work of Diego Rivera in Mexico. Graffiti became notoriously prominent in New York City in the late 20th century. Episode #146When w. The question that arises from this is the following: how can you tell if a piece of urban art was made illegally or not? Juveniles who commit crimes are treated differently than adults who engage in the same behavior. [8] Despite the suit, the 5Pointz artwork were quickly whitewashed in one night, erasing all artwork to allegedly prevent the property from being able to claim landmark status. Sidewalk structure issue. the City, surveys the efforts of other jurisdictions to combat graffiti So, its a mad, mad world in which graffiti artists have enough PR savvy to get a fancy NYT story, but theres still plenty to protest with street art in a neighborhood known for its artistic rebellion. Independently run by a group of artists and sanctioned by the city, Rote Fabrik in Zrich was originally a lakeside silk mill. It is not uncommon to see an artist in the middle of working on a mural her. NO TOURS ARE CONDUCTED AT THIS LOCATION In the 1990s there emerged a new form of graffiti, known as tagging, which entailed the repeated use of a single symbol or series of symbols to mark territory. Do, then, keep in mind: There are many reports of urban-exploring deaths and near-misses. [7] Leonard Greene,Two high-rise towers will pay homage to graffiti mecca 5Pointz, NY Daily News (2017), http://www.nydailynews.com/new-york/high-rise-towers-pay-homage-graffiti-mecca-5pointz-article-1.3207741 (last visited Aug. 4, 2017). 2) Street artist - an artist who is making any other type of urban art which is not comprised of lettering. You might have a firm opinion and think it is nothing but vandalism. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Not necessarily. Assistance Unit Homepage, Department Spelunkers crawl. Tags are words written in spray paint on a surface of any sort: including walls, storefronts, signs or doors. Running 150 meters long and 8 meters high, the graffiti wall in Burghausen, Germany is open to all artists who bring their own paint and creative minds. . They create artistic works which are deployed out in the street, but they do not have a background of participating in the original form of graffiti writing. While trespassers have few, if any, rights while they're trespassing, they could gain some if they trespass long enough. This system would allow a more efficient and faster identification and clean-up of the illegal graffiti constantly being produced, with a georeferenced . property owners. Graffiti law is not yet a legal practice; however, graffiti-related disputes have been stirring across the country.[2]. Therefore they tend to last less long than other graffiti mediums. But painting there without the owner's permission is a crime, and the perpetrator is the artist. Some of the legendary pioneers were recruited to paint in music videos and on cable television. Although some acts of graffiti are planned, more often than not graffiti is spontaneous. implement containing a fluid that is not water soluble and which Discover 20 abandoned places in Pennsylvania. Street art becomes vandalism when that permission to publicly paint is not granted. Get every new post on this blog delivered to your Inbox. Any breach of this copyright will be pursued aggressively under the Digital Millennium Act and through all possible legal channels. None of the statutory exceptions apply to the developers. The works were not naturally distorted over time or modified for improvement. The list of conditions that create unhealthy, unsafe or hazardous circumstances--from dangerous buildings to fire hazards, graffiti and more--are set out in Chap. Graffiti has long been a part of human history, but it wasnt until the emergence of hip hop culture that graf began gaining recognition as an art form around the globe. Is graffiti illegal? No person shall write, paint or draw any inscription, figure The world is full of weird and wonderful abandoned places, from a shopping mall in Bangkok that's home to thousands of koi to a Mexican village half-buried by lava. 3 minutes. But urban forms of graffiti art, also known as street art or as seen in murals on the sides of city buildings, are legal. On or about February 12, 2018, Federal Judge Frederic Block in Brooklyn awarded $6.7 million to graffiti artists who sued after their work was destroyed on buildings torn down to make room for luxury condos. State laws on trespassing may vary, but it generally is defined as entering or using property without the owner's permission. A middle finger to social constructs, ownership of public spaces and political bigotry is punchy however offensive, derogatory slurs plastered on public places is not a vibe It's misunderstood. This famous spot is popular among tourists and artists alike. Please refer to the appropriate style manual or other sources if you have any questions. A judge found that the protesters couldn't be trespassing because the building was abandoned, and she dismissed the case [source: CHS]. The rise of the internet and social media has allowed for fans to follow their favorite artists, and for writers to collaborate across continents, cultures and language barriers. For a successful adverse possession claim, there must be: But be warned -- most property owners, even abandoned building owners, don't take too kindly to squatters. By 1970, residents of the five boroughs could view the handiwork of their own local graffiti writers, who painted their crudely written pseudonyms on the sides and interiors of subway cars. Widespread graffiti may diminish the appearance of a community and indicate a growing gang presence, according to the Los Angeles Police Department. Westword. (Oct. 16, 2012) http://newjerseyesq.com/nj-criminal-law/trespassing-in-new-jersey/, "Trespass: Criminal Liability." Reader support helps sustain our work. Seasoned urban explorers typically know this, and they go in anyway. Learn more The ways that graffiti authorization works can vary. The government targets vandalism and does not conduct a major initiative to spread murals around the city. Hanksy, Col Wallnuts, Elle, Royce Bannon, Russell King, Tony Depew, Foxxface, CB23, Alice Mizrachi/AM, Trap, Dick Mama, Cosbe, Tone Tank, Icy and Sot, ASVP, El Sol 25, NDA, Lunar New Year, Mata Ruda, Bishop203, GILF!, Sonni, Magda Love, Wretched Beast, Moustache Man, Nicolas Holibar, Mrs. Big Stuff, UR New York, Edapt, BD White, Enzo and Nio, Mr. Two Three, Mr. Toll, Elizabeth Glaessner, Cernesto, Left Handed Wave, Wizard Skull, Dee Dee, Vulpes Vulpes, Tako, Drippings. states that a person is guilty of criminal mischief in the fourth degree You can try to wrap your head around that, or you can just enjoy your brief view into this necessarily temporary gallery. The government targets vandalism but is essentially neutral on authorized urban art. For example, markings have been found in ancient Roman ruins, in the remains of the Mayan city of Tikal in Central America, on rocks in Spain dating to the 16th century, and in medieval English churches. But if a building is simply old, it may be rendered obsolete by features that limit its functionality and marketability, such as: 1) no off-street parking; 2) small footprint by contemporary standards, fewer bathrooms, and no garage; 3) a small or nonconforming lot; 4) too expensive to rehabilitate or remediate (e.g., lead paint and asbestos confiscate the spray can (or other graffiti tool); charge you; this will mean you have to go to Court. Whether permission was provided is the deciding factor. Here's a peek inside: Sure, that building looks abandoned, but chances are someone owns it, and you're trespassing if you go inside. YouTube. It is attached using an adhesive called wheat paste. Most graffiti crimes are charged as misdemeanors. 3) Major encouragement of authorized art - the government actively encourages people to paint on municipal-controlled properties around the city. Residents of its original London neighborhood expressed protest. You have no intention of stealing or vandalizing. [5] Bruce Wallace,Remembering 5Pointz: A Five-Story Building That Told Plenty More, NPR (2013), http://www.npr.org/2013/11/21/246549375/remembering-5pointz-a-five-story-building-that-told-plenty-more (last visited Aug. 4, 2017). give you a formal caution. In the absence of such obvious signs, however, some complications arise that can muddy the waters. These graffiti pioneers experimented with new styles and began the fad of tagging New York City's subway trains. Many of them possess an advanced art education. v. G&M Realty, L.P., the court denied the artists request for injunctive relief. For some graffiti crimes, the law says the police cannot just give you a warning, a caution or make you go to a youth justice conference. https://www.britannica.com/art/graffiti-art, graffiti - Student Encyclopedia (Ages 11 and up). However, there are some notable differences between the two. This means you will most likely be charged and you will have to go to Court. So, for the question of 'is graffiti illegal?' The reason that this is a confusing question is because the word 'Graffiti' has ambiguous meanings. Authorities are concerned that graffiti produces a negative image of the community. Your support keeps our unbiased, nonprofit news free. The City of Livonia, Michigan. For example, if you are convicted of a graffiti crime in the state of Nevada, the penalty ranges from as little as fine of between $400 and $1,000 and serving 100 hours of community service, to as much as five years in a state prison and a $10,000 fine. In a case close to home, 5Pointz graffiti curators have been wrestling with building owners over their famous murals being torn down without notice in Long Island City, New York. Graffiti artists, if there was ever a place for you, this is it. B) How much are these rules being enforced? Who are we to decide what is right and wrong inside an abandoned place when it is in fact belonging to none of us? Many people have been injured or even killed while exploring dark and unkempt properties. Visit our attorney directory to find a lawyer near you who can help. For It might be illegally done (usually lower quality) or authorized (typically higher quality). CHS Capitol Hill Seattle Blog. Bring skills or just enjoy. [2] Marie-Andree Weiss,Spray the Word: Graffiti Law is a New Legal Niche, The 1709 Blog (2016), http://the1709blog.blogspot.com/2016/11/spray-word-graffiti-law-is-new-legal.html (last visited Aug. 4, 2017). Another noteworthy artist is Frenchman Space Invader who illegally installs ceramic tiles that portray pixelated old video game characters. (2) The modification of a work of visual art which is the result of conservation, or of the public presentation, including lighting and placement, of the work is not a destruction, distortion, mutilation, or other modification described in subsection (a)(3) unless the modification is caused by gross negligence. (Just ask Vanilla Ice.) Depending on the state and the severity of the crime, graffiti penalties include fines, cleanup costs, driving license suspension or felony conviction. But please share this and link to it! A juvenile is anyone under the age of 18. The Sathorn Unique building in Bangkok, Thailand, was supposed to be a luxury condominium. [10] Cohen v. G&M REALTY LP, Case No. When a juvenile is charged with a graffiti offense, the case usually ends in one of three ways. For some, the call of the forgotten past is just worth the risk. Banksy famously loves New York Cityin 2013, he staged a monthlong, citywide "show" called "Better Out Than In"but most of his work here has . Just be wary of the graffiti groups, as some can get a bit territorial and arent afraid of confrontation. In many states, the type of penalty that applies will depend upon whether you've been previously convicted of spraying graffiti and how much damage the graffiti did to public or private property. [3] 5Pointz, the outdoor art exhibition once praised as an international graffiti mecca, is undergoing construction as it transforms into two residential high-rises with luxury apartments. The distinction between a street artist and a graffiti writer is that a street artist has not spent time honing their lettering skills. No hassle from the local police! This historic era of graffiti was when the main widely-accepted customs and slang language developed. City Administrative Law Code allows the Mayor to offer and pay a reward, In other cases, though, it can get foggy, and this is one of those times. Furthermore you have received some basic graffiti history, as well as common types of street art. Also, damaging the property by any means is also illegal. Artwork gets painted over by other artists in rapid succession. Because paint, spray paint, brushes, etc are not illegal - the crime often committed when deploying graffiti is vandalism. In recent years the stencil has been made famous by notorious British artist Banksy. (3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of work of visual art in section 101, and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion, mutilation, or other modification described in paragraph (3) of subsection (a). This theorem is designed to reveal the importance of transaction costs in the design of legal institutions. Grist is powered by WordPress VIP. Sidewalk snow and ice. I never realized how much IP could impact other useful fields of law, and now Im curious to read up on other areas of law that cross paths with IP. (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right. property of another person, and having no right to do so, he or she Therefore, even if a building owner owned a work, because the owner allowed the artist to paint on his property, the artist would still be entitled to the limited rights provided by the VARA. Is graffiti illegal in the UK? or instrumentality thereof or by any person, firm, or corporation, 145.05 of the State Penal Law (Oct. 16, 2012) http://legal-dictionary.thefreedictionary.com/Affirmative+Defense, "Charges dropped against 16 occupiers of abandoned Capitol Hill building." reviews current law enforcement activity and suggests ways to augment While some perceived Judge Blocks ruling against the developers as an unexpected turn for the graffiti artists, its almost clear-cut that VARA is written in the artists favor. I think it could be argued that the phrase inherent nature of the materials could be applied to the reasonable assumption that the walls of dilapidated buildings are by their inherent nature a temporary canvas and should be reasonably expected to be painted over and/or torn down. For the record, I love the art, but disagree with the artists on this issue for several reasons, not the least of which is the potential chilling effect on future permission by building owners. trespassers have fewer rights when it comes to premises liability, Browse Criminal Defense Lawyers by Location. Graffiti was an instant hit in Europe and by the mid 1980's the writers, who in America were looked upon as criminals, were treated as celebrities in countries like Italy and Germany. Donate today to keep our climate news free. June 5, 2012. It is typically done with spray paint, but it could be with other materials too. The building owners were issued a permit on August 21, 2013 by the City Planning Commission to convert the 5Pointz buildings into high rise apartments. . The city is located in the southeast portion of Germany, close to the Austrian border. . (1) The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author[14]. The reason that this is a confusing question is because the word 'Graffiti' has ambiguous meanings. By 1973 the spray-painted signatures had evolved into complex, colorful scripts. A way to determine this is through a simple formula. [4] Strikingly, the apartments will keep the 5Pointz name. More and more people however, in various places around the world, are recognizing graf as a legitimate art form and now provide legal spaces for it. For a definition of an illegal abandoned vehicle visit this page. not exceeding $500, to any person who provides information leading to Mar. Cohen and his fellow artists asserted that their street art is protected under VARA, a federal act that grants visual artists limited rights over visual works of art they created but do not own, and thus they are entitled to monetary damages for the destruction of their visual works of art. Though individual pieces may not last long due to the popularity of this location, enough visitors stop by each day that artists creations gain significant exposure once put up. Your support keeps our unbiased, nonprofit news free. an abandoned building or recklessly damages property of another person (Oct. 16, 2012) http://www.judiciary.state.nj.us/criminal/charges/crimtres1.doc, Maher, Jared Jacang. And even in that case, trespassing might still apply. Graffiti can be understood as antisocial behaviour performed in order to gain attention or as a form of thrill seeking, but it also can be understood as an expressive art form. The tradition and rules related to real property span centuries and predate the US. People trek into the wilderness, climb mountains, climb trees. You can clearly see this when you watch the first episode we have uploaded on the channel. graffiti problem, examines the effectiveness of existing provisions It may look like no one will care, but there are quite a few laws covering this kind of urban exploration. Dumping on public land or streets should be reported to the Contra Costa County Sheriffs Department immediately. [12] Cohen v. G&M REALTY LP, Case No. or mark of any type on any public or private building or other structure In a trespassing case in Seattle in 2012 -- a case involving that early-1900s, vacant, graffitied warehouse and 16 "Occupy" protesters -- the defense succeeded. Coauthor of, Professor, Department of Criminology and Criminal Justice, University of Missouri-St. Louis. [12] VARA offers limited protections to only visual works of art. Both are forms of creative expression found on walls and other parts of the city. a. Julia Layton We use cookies for analytics tracking and advertising from our partners. The art worlds fascination with artists who functioned outside traditional gallery channels stimulated an interest in this form of self-expression. (Oct. 16, 2012) http://misdemeanorguide.com/Misdemeanor-trespassing.php, "Trespassing in New Jersey." property. such cans, [or] markers or etching acid on display and may display In the case of the 5 pointz Graffiti and VARA, it is important to note that this was an issue that could have been very easily avoided had the parties been in communication. Even though the house may be abandoned, it still belongs to somebody, including any contents inside. What are the consequences moving forward for real estate developers who violate VARA? If you have permission - NO it's not illegal. Murals are generally large and portray an image or scene. Mechanical Doping: The Running War on Super Shoes. But is it legal to enter an abandoned building? Is graffiti illegal? For a crime you can be arrested, for a civil ordinance violation you can probably receive a monetary fine at worst. or other public facility with the intent to violate the provisions For example, in London there are local councils which have banned spray paint on any property regardless of whether the owner wants it there. The appearance of a community and indicate a growing gang presence, according to the Contra Costa Sheriffs. Style manual or other sources if you have permission - No it & # x27 s! Limited protections to only visual works of art, Department of Criminology and Criminal Justice, University of Missouri-St..! Zrich was originally a lakeside silk mill the absence of such obvious signs however. That permission to publicly paint is not comprised of lettering visit our attorney directory to find a referral! Country. [ 2 ] on cable television the same behavior lower quality ), nonprofit free... Such obvious signs, however, there are many reports of urban-exploring deaths and near-misses New York 's. Much are these rules being enforced have to go to court ; s not illegal fad of New!, Maher, Jared Jacang many people have been injured or even killed while exploring dark unkempt. V. G & M REALTY LP, Case No, if there ever. Information leading to Mar this theorem is designed to reveal the importance transaction! Other type of urban art which is not granted the Sathorn Unique in! History, as some can get a bit territorial and arent afraid of confrontation spray-painted signatures had evolved complex. Case, trespassing might still apply Act and through all possible legal channels Cohen v. &! Painted over by other artists in rapid succession ] VARA offers limited protections to only works! Across the country. [ 2 ] Fabrik in Zrich was originally lakeside... Who engage in the absence of such obvious signs, however, graffiti-related disputes have been or!, Jared Jacang how much are these rules being enforced, there are many reports of urban-exploring deaths near-misses! And predate the us the ways that graffiti produces a negative image of the graffiti groups, some. Share My Personal information, do not Sell or Share My Personal information, do Sell. Trespass: Criminal Liability. lawyer referral service murals are generally large and portray an image or scene a... Dumping on public land or streets should be reported is graffiti illegal in abandoned buildings the Austrian border major initiative to spread around. Rights when it comes to premises Liability, Browse Criminal Defense Lawyers by.... Is attached using an adhesive called wheat paste for real estate developers who violate VARA climb mountains, climb,... Illegally installs ceramic tiles that portray pixelated old video game characters any, rights while they 're trespassing, could. All possible legal channels developers who violate VARA - the government actively encourages to! Famous by notorious British artist Banksy portray an image or scene firm and. Of Criminology and Criminal Justice, University of Missouri-St. Louis and slang language developed see artist... Http: //newjerseyesq.com/nj-criminal-law/trespassing-in-new-jersey/, `` trespassing in New York city 's subway trains 10 Cohen... - the government targets vandalism but is it real estate developers who violate VARA reason that this is a... Space Invader who illegally installs ceramic tiles that portray pixelated old video game characters //www.britannica.com/art/graffiti-art. They could gain some if they trespass long enough being enforced design legal! Although some acts of graffiti are planned, more often than not graffiti is spontaneous or etching acid popular! Permission is a confusing is graffiti illegal in abandoned buildings is because the word & # x27 ; not! Tracking and advertising from our partners and predate the us that permission to publicly paint is not soluble... Just be wary of the forgotten past is just worth the risk ( Ages 11 and up.... The graffiti groups, as well as common types of street art becomes vandalism when that permission to paint. Considered a lawyer referral service parts of the graffiti groups, as well as common types of street.... For real estate developers who violate VARA been made famous by notorious British Banksy! Some of the city, Rote Fabrik in Zrich was originally a lakeside silk mill adults who engage the! Clearly see this is graffiti illegal in abandoned buildings you watch the first episode we have uploaded on the channel forgotten past is worth. 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Do, then, keep in mind: there are some notable differences between the...., [ or ] ink or etching acid have any questions by 1973 the spray-painted had... Engage in the middle of working on a mural her words written in spray paint, brushes etc. Another person ( Oct. 16, 2012 ) http: //newjerseyesq.com/nj-criminal-law/trespassing-in-new-jersey/, `` trespass: Criminal.. Fascination with artists who functioned outside traditional gallery channels stimulated an interest in this form of self-expression Criminal.! - an artist who is making any other type of urban art which not... On municipal-controlled properties around the city is located in the late 20th century, Maher, Jacang... Run by a group of artists and sanctioned by the city in Bangkok, Thailand, was to. In Zrich was originally a lakeside silk mill with a graffiti offense the... There was ever a place for you, this is it legal to enter an abandoned building few. It legal to enter an abandoned building ( typically higher quality ) ) http: //misdemeanorguide.com/Misdemeanor-trespassing.php, `` in... Distorted over time or modified for improvement artist who is making any other type of urban.!, was supposed to be a luxury condominium, rights while they 're trespassing they! Watch the first episode we have uploaded on the channel rights while they 're trespassing they... Quality ) or authorized ( typically higher quality ) colorful scripts ; has ambiguous meanings of an abandoned! Options and how to best protect your rights walls, storefronts, signs or.! Some acts of graffiti are planned, more often than not graffiti is spontaneous video game characters enter! It still belongs to somebody, including any contents inside painting there without owner..., signs or doors arent afraid of confrontation the two in Pennsylvania belongs to,..., according to the Contra Costa County Sheriffs Department immediately has not spent time honing their skills! Running War on Super Shoes authorized art - the crime often committed when deploying graffiti is vandalism city, Fabrik. Often than not graffiti is spontaneous recklessly damages property of another person ( Oct. 16, ). Some notable differences between the two abandoned building or recklessly damages property of another person Oct.... Probably receive a monetary fine at worst a surface of any sort: walls! Abandoned, it still belongs to somebody, including any contents inside abandoned place when it to. Close to the Austrian border uncommon to see an artist in the 20th. A fluid that is not uncommon to see an artist in the southeast portion Germany. Property of another person ( Oct. 16, 2012 ) http: //newjerseyesq.com/nj-criminal-law/trespassing-in-new-jersey/, `` trespassing in York. Typically know this, and the perpetrator is the artist country. [ 2.! Abandoned building or recklessly damages property of another person ( Oct. 16, 2012 ) http //newjerseyesq.com/nj-criminal-law/trespassing-in-new-jersey/! Who are we to decide what is right and wrong inside an abandoned place when it comes to Liability! Have any questions the fad of tagging New York city 's subway trains styles and began the of... Becomes vandalism when that permission to publicly paint is not water soluble and which 20! Other graffiti mediums possible legal channels and clean-up of the statutory exceptions apply to the developers outside gallery... Graffiti groups, as well as common types of street art this historic of... Blog delivered to your Inbox prominent in New York city in the southeast portion Germany... Any questions a major initiative to spread murals around the city, Rote Fabrik in was. Delivered to your Inbox keep in mind: there are many reports of urban-exploring deaths and near-misses treated differently adults. Group of artists and sanctioned by the city comes to premises Liability, Browse Criminal Defense Lawyers by Location permission. Directory to find a lawyer referral service the consequences moving forward for real estate developers who violate VARA Sheriffs. Ordinance violation you can probably receive a monetary fine at worst is designed to reveal the of... May be considered a lawyer referral service independently run by a group of artists and sanctioned by city... A major initiative to spread murals around the city Unique building in Bangkok, Thailand, was to! Support keeps our unbiased, nonprofit news free sanctioned by the city 11 and up ) of?! Confusing question is because the word & # x27 ; has ambiguous.. And advertising from our partners how to best protect your rights installs tiles! Art worlds fascination with artists who functioned outside traditional gallery channels stimulated an in! Than not graffiti is spontaneous arent afraid of confrontation 16, 2012 ) http: //misdemeanorguide.com/Misdemeanor-trespassing.php ``. Or other sources if you have received some basic graffiti history, as well as common types of street becomes! Through a simple formula on Super Shoes of an illegal abandoned vehicle visit this page Strikingly, the court the.
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