Moral rights and Australian contemporary architecture : recent professional dilemmas and the thoughts of Peter Muller in this discourse
journal contribution
posted on 2013-01-01, 00:00authored byDavid Jones
The moral rights of contemporary design projects has arisen as a difficult ethical dilemma in Australian architectural discourses, and is more complex when matters of heritage are implicated. This paper considers the position of moral rights under the AustralianCopyright Act 19682 having regard to the Australian exemplars of Peter Muller. Muller is one of the most highly regarded Australian architects of the twentieth century possessing a passion for organic architecture realised in several significant Australian and Indonesian design exemplars. The paper considers recent Australian debates about moral rights and projects that implicate several architectural and landscape architecture projects, the current legal interpretations, and explains the ideas, values, and opinions and practice of Muller in this context. A clear conclusion is that while the Act confers rights, there is no mechanism to ensure adherence to these rights, and particularly in the situation of a living designer where one of their designs is being accorded heritage status.