In brief - Building owners need to consult original
architects if considering renovating, adjusting or
demolishing
The practical effect of the moral rights provisions of the
Copyright Act 1968 (Cth) is to require building owners
to give original architects a seat at the table whenever
considering renovating, adjusting or demolishing the structure that
sprang from their designs.
Just how far owners are required to go, and precisely what an
architect aggrieved about the treatment of his or her legacy can do
to thwart their intentions, remains unclear. There has been no
superior court consideration of the provisions in the case of
building law in Australia.
It is timely to examine these issues. Owners of many buildings
completed prior to the enactment of the moral rights provisions in
December 2001 (and before they could possibly have been dealt with
contractually in the ways suggested in this article) will be
considering renovation. Notwithstanding the fact that
