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Lovegrove & Cotton Lawyers Bulletin 

 
13 November 2017

Architects: Moral Rights and Avoiding Copyright Infringements

By Justin Cotton, Director, Lovegrove & Cotton - Construction and Planning Lawyers


 

Intellectual property in an architect’s work can fall into two categories. The law of copyright is the most prevalent category, and it protects the owner of copyright design. On the other hand, moral rights are personal legal rights pertaining to the creator of an original work. The owner of the moral rights can assign or license the copyright in the work they created to a third party.
 

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Design and Construct contracts: who bears the risk?


By Kim Lovegrove RML, FAIB, Senior Lawyer, Lovegrove & Cotton - Construction and Planning Lawyers
 

This article is based upon insights developed after being involved in D and C litigation over the years. It seeks to draw out some of the “bugs” that frequently afflict D and C contracts. D & C litigation is protracted, expensive and dangerous because D and C contracts a very rarely as straight forward as they seem. It is all about who bears the risk; the developer, the builder, the designer, or a hybrid of the latter two. It also has a tendency to mutate and rarely is one D and C contracting model similar to another.

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Lovegrove & Cotton Lawyers · Level 40/140 William Street · MELBOURNE, Victoria 3000 · Australia