Tute 2 (Melany)

Question 1

What are the 3 types of Moral rights?

Answer 1

The right of attribution, integrity and false attribution.

Question 2

What is the right of ‘attribution’, in Moral rights?

Answer 2

The right that the author be identified whenever an artist work is reproduced, published, exhibited or communicated to the public.

Question 3

What is the defence/s for an infringement of the ‘right of attribution’ in moral rights?

Answer 3

• Consent (in writing), or

- Reasonableness (in not identifying the author, eg. in photographs of general streetscapes).

Question 4

What is the right of ‘integrity’, in moral rights?

Answer 4

The right of an author to not have their work subject to derogatory treatment (eg, to treat a work or alter it in a way that is prejudicial to the honour and reputation of the work’s author).

What is done to the work much actually prejudice the architects’s honour or reputation.

Question 5

What is the defence/s for an infringement of the ‘right of integrity’ in moral rights?

Answer 5

• Consent (in writing), or
• Reasonableness (consider the nature of the work, purpose, manner and context in which the work is used, whether derogatory treatment was required to comply with law…)

Question 6

What is the right of ‘false attribution’, in moral rights?

Answer 6

To falsely or incorrectly credit another person for an author’s work.

To deal with an altered artistic work as if it were unaltered, knowing that the work or reproduction is in fact altered.

Claiming to have solely designed to project without noting that you were part of a team.

Failing to mention in projects you claim as yours that they were designed as part of your employment.

Question 7

What is the defence/s for an infringement of the ‘right of false attribution’ in moral rights?

Answer 7

Consent.

This is the only available defence.

Question 8

Who can possess moral rights?

Answer 8

Individuals only.

Question 9

Relating to Moral Rights, what if you just “don’t” like the alterations made to your design?

Answer 9

This does not constitute an infringement of moral rights. Your honour and reputation has to be detrimentally affected by the treatment of your work.

Question 10

What is the purpose of copyright?

Answer 10

A form of intellectual property that gives its owner the exclusive right to make copies of a creative work.

Unlike Moral rights, it is concerned more about the economic rights of a copyright owner to control their material

Question 11

What are the exclusive rights for Copyright owners?

Answer 11

• Reproduction (eg. reproduce a 2D work into 3D)
• Communication (right to communicate to public)
• Performance (the right to perform in public, eg a film)
• Adaptation (right to alter a work, eg a painting)

Question 12

With regards to copyright, what steps do you take when taking over another architect’s project?

Answer 12

• Ascertain who owns the copyright (if the client claims they own the copyright, ask to see the written agreement).
• If the Architect owns the Copyright, ascertain the conditions of copyright and request client to obtain copyright licenses and get a written document from the client to indemnify you.
• Don’t contact the previous architect without permission from the owner.
• If the owner can’t confirm they have the copyright and won’t let you contact the previous architect, reconsider taking the commission or at least get a written document from the client to indemnify you.

Question 13

In which 2 ways can Copyright be death with?

Answer 13

• Assignment: transference of copyright from one owner to another (must be in writing to be legally binding).
• License: permission from owner that allows licensee to use material (doesn’t have to be in writing).

Question 14

In the CAA, the Architect grants the client an EXPRESS but REVOCABLE license to use the project on the site for which it was intended, provided:

Answer 14

a) NO other license is granted or implied under this agreement.
b) the license may be REVOKED if a ny invoice is overdue.
c) the license is revoked if the client’s ownership or legal interest in the site changes (it can be reinstated if requested in writing by the owner).

Question 15

List some of the general practice insurances required (excl. Professional Indemnity and Public Liability).

Answer 15

• Workers compensation (cover provided whilst at place of work or undertaking occupation)
• Director’s Insurance (not available for small practices)
• Personal Accident & Illness.
• Travel insurance
• Building and Contents
• Glass
• Electronic Breakdown
• Replacing Drawings
• Business Interruption (eg, actions leading to a reduction in the capacity of the business’s revenue)
• Burglary and Theft
• Motor Vehicles
• Fidelity (loss of money or goods as a result of fraud or dishonesty of an employee)

Question 16

What are the 3 main types of liability that Architects are at risk of?

Answer 16

Liability in Contract.

Liability in Negligence (Tort).

Liability in Statute.

Question 17

Define liability in Contract.

Answer 17

Breach of contract.

Breach of contract is fundamentally the failure to fulfil the terms of a contract.

Question 18

Define liability in Tort (negligence).

Answer 18

“Negligence is actionable carelessness”

Negligence is a tort (civil wrong). They don’t depend on the existence of a contract.

Question 19

What are the 3 elements of tort?

Answer 19

1 - the defendant must owe the plaintiff a duty of care.
2 - the standard of care must have been breached.
3 - the plaintiff must have suffered a loss or damage which is causally related to the breach.

Question 20

What does Public Liability insure you for?

Answer 20

PL insures your legal liability where there are damages due to lack of care or negligent acts or omissions during the normal course of being in business (not due to the nature of your business). Eg, insufficient office safety procedures or defects in premises.

Question 21

For contractual liability, how long are you liable for?

Answer 21

For the length of the contract plus a window of time defined by the Statue of Limitations (eg, 6 years, which is dependant on which State or Territory).

Question 22

Is the employer liable for acts of a contract staff member?

Answer 22

No.

Unless the plaintiff is the client, in which case the effect is the same as if the contract staff was an employee.

Question 23

As the employer of a contractor, what insurances should you require the contractor take out in their course of work?

Answer 23

Contract staff should have their own:

• worker’s compensation
• professional indemnity insurance

Question 24

When contract staff are employed, do they or the employer retain copyright?

Answer 24

In the absence of a written agreement which states otherwise, it ‘appears’ that the contract staff member retains copyright.

i.e. make sure to have a formal employment agreement which stipulates copyright.