Intellectual Property II

Adding Value to Members Intellectual Property

By RAIA CEO Michael Peck AM LFRAIA March 2001 Members will recall that the Institute has for a number of years been lobbying the Federal Government in respect to bringing Australian Copyright Law in line with the provisions of the Berne Convention. An important aspect of the amended legislation recently en-acted is the establishment of Moral Rights for creators. For architects this provides two significant rights of which members should be aware. In respect to the moral Right of Integrity it is now illegal for a building owner to demolish the creative work of an architect without;

firstly, if possible identifying and notifying the architect and secondly affording the architect an opportunity to record the work before it is demolished or altered.

To those accustomed to the moral rights enjoyed in some Napoleonic Law countries this may not appear to be insufficient reform. However it is for Australian architects an important acknowledgement of their creative contribution. In practical terms it also provides the original architect with the possibility of conveying to the current building owner, or architect, a better understanding of the original design intent and the possibilities inherent in the design for future modification and improvement, if that is the owners intent. The new law also establishes the Moral Right of Attribution. It has long been a fascination and irritation to architects to note that virtually without fail magazines, newspapers and journals acknowledge the artists responsible for the paintings and sculptures that are published, yet most often the architects of featured buildings are not mentioned. Now, however, under the new legislation it is illegal for the published work of an architect not to be attributed to that architect. The Institute has also played a part in two other significant wins for the profession on copyright which I have reported on elsewhere; The recommendation from the Intellectual Property and Competition Review Committee to the Federal Government that the Crown no longer enjoy preferential treatment under the Copyright Act and The amendment to the Australian Standard AS4122 which now requires any Proprietor who wishes to have the copyright in an architects work to pay for it separately and in addition to the fee for architectural services. So next time the question arises on what does the Institute achieve for its members - raising the value of architectural intellectual property is not a bad subject to start with. Michael Peck AM LFRAIA

So what we have is an industry example, already enforced to protect the beautiful works of architects.

Link:
1. Article from - architecture.com.au