Question      

 

You were engaged to design a coastal holiday home for a client using the Australian Institute of Architects 2019 Client Architect Agreement (CAA2019) at Victor Harbor, south of Adelaide. The client has recently advised that they are very happy with the design you have prepared, but have found a fabulous block of land near the Flinders Ranges, north of Adelaide, which they intend to purchase. They want to use the design you have previously prepared, but this time on the new site. You are very concerned about using the same design on the new site, especially given the remoteness of the site and its different climatic and site conditions.  

 

(a) Who retains copyright in the design – the architect (who produced it) or the client (who paid for it)?            

 

 

(b) What does the client need to do if they intend to use the design on another site?  

 

 

(c) Which Clause in the CAA2019 would you refer them to in your response?