INTELLECTUAL PROPERTY

Question 1

What legislation covers Moral rights & Copyright

Answer 1

The Copyright Act

Question 2

How long are Moral rights & Copyrights valid?

Answer 2

Life of the author plus 70 years

Question 3

Copyright vs Moral rights (what do they protect)

Answer 3

Copyright: Right to Reproduce, Communicate, & Adapt
Moral Rights: Right of attribution & integrity

Question 4

How can architects control the way in which a client attributes their work?

Answer 4

In the relevant schedule of the CAA

Question 5

Explain The Right of Integrity under Moral Rights.

Answer 5

Right against derogatory treatment of work.

Question 6

How is the violation of Moral Rights defended in a court of law?

Answer 6

1). Whether or not any consent has been obtained
2). “Reasonableness” of claim

Question 7

Do architects need attribution if their building is visible in an advertisement?

Answer 7

Only if the building is crucial to the purpose of the ad

Question 8

Who has moral rights in a project?

Answer 8

Anybody who has worked on it (including all consultants)

Question 9

How can you legally publish something without attribution for all involved?

Answer 9

1). Moral Rights Waiver (formally giving up rights, this should be refused)

2). Consent to Infringement (conditional & specific)

Question 10

What is the correct process for taking over the work of other Architects?

Answer 10

1). Ask to see the previous CAA & Ask permission to contact the architect
2). Obtain a written license
3). Add a indemnity clause protecting you from copyright claims

Question 11

If a typical CAA is used, and a client takes the job to another architect, does the client have a license to use the drawings?

Answer 11

If the previous contract services to date have been paid for and the contract has since ended, then yes.

Question 12

What are the types of Copyright Licenses and which is used in the CAA

Answer 12

1). Assigned
2). Exclusive
3) Non-Exclusive (USED IN CAA)

Question 13

If there is no CAA, what is the copyright licensing agreement?

Answer 13

There would be an implied license to fulfill the purpose of the contract (build)

Question 14

In what scenario is it likely that architect will sign a contract that involves clauses that assign full copyright to the client?

Answer 14

Government Clients

Question 15

What are the key conditions of the copyright license granted to clients under the CAA? (5 bullet points)

Answer 15

• non-exclusive
• express only (no implied licenses)
• non-transferrable
• limited to the site
• Revocable until invoices are paid

Question 16

How can you ensure moral rights of previous architects are not infringed upon when working on renovations?

Answer 16

A reasonable attempt must be made to contact the previous architect.

Process:
1) Attempt to contact and give them 3weeks to respond
2). After response, give them 3 weeks to access the building to make records, confirm preferred method of attribution & “consult in good faith”

• If you cannot find their contact details or who they are, get advice from a lawyer.

Question 17

How is Indigenous Cultural and Intellectual Property (ICIP) different from typical copyright frameworks?

Answer 17

• Collective ownership
• Collective consent
• Ownership lasts forever even if the knowledge is “public”
• Consultation is key