QUESTION 4

Explain The Right Of An Architect In His Work. When Will The Right To Construct A Building Deem To Be Transferred To The Client?

THE RIGHT OF AN ARCHITECT IN HIS WORK

A work of architecture being a building or a model of a building is considered as an artistic work. However, according to the amendment in the Copyright (Amendment) Act 1996 and subsequently by the Copyright (Amendment) Act 2000, the three-dimensional work of architecture is no longer artistic works. However, it remains an infringement of copyright to make a three-dimensional object from a twodimensional artistic works and vice versa.

THE RIGHT OF AN ARCHITECT IN HIS WORK

According to section 7(2) of the Copyright Act, it is stated that all works (including artistic work) are protected irrespective of their quality and purpose for which they were created. In Peko Wallsend Operations Ltd & Ors v Linatex Process Rubber Bhd, the High Court interpreted section 7(2) to mean, in relation to artistic works, that all artistic works were protected, regardless of their quality, meaning that such works need not possess any artistic quality.

Therefore, an architects work are protected under the Copyright Act.

When Will The Right To Construct A Building Deem To Be Transferred To The Client?
An assignment involves the transfer of the ownership of the proprietary rights in the copyright by way of sale, hire, under a will or by way of gift for natural love and affection. The assignment can be total or partial; it can be limited by the acts over which the assignee is entitled to control or by the period of the copyright or the territories in which the copyright may be exercised.

When Will The Right To Construct A Building Deem To Be Transferred To The Client?
The assignment need not be expresses in any particular form of words, but it must be in writing and, although there is no express requirement, signed by or on behalf of the assignor. An oral assignment is not void, it may be treated as an agreement to assign, which may be enforced by the person entitled to the assignment, thus making that person the equitable owner of the copyright assigned.

When Will The Right To Construct A Building Deem To Be Transferred To The Client?
Therefore, the right to construct a building deem to be transferred to the client when the assignment of copyright is complete. In the usual practise, the assignment involves the transfer of the ownership of the proprietory rights in the copyright by way of a sale.