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Originally Posted by alpha1 But won't his argument be thrown out of court based on property rights?
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No, as I said earlier, understanding copy rights is tricky at the best of time.
In essence the architect retained the copyright on how the whole building looked, inside and outside. Even thought he building belonged to us, how it looked outside and inside was part of his copyright.
So putting kiddies paintings on the wall was infrining on his copyright as that wall in its entire design wasnt visible any more.
Again, it varies from country and or legal system to the next, but one thing I have come across tends to be that Copyright is defaulte to whoever produced the product, book, item in question. Under Dutch law the exception are payroll employees. When you have for instance an employee inventing something new, by default the copyright belongs to the employer unless you have agreed, by contract, differently.
Our contract with the architect did not stipulate anything around copyright. He wasnt our employee. By law, by default it meant the IPR of his design remained with him. Had we known, we might have done things differently contractualy speaking. Truth be told, nobody had ever heard of a case like this where it involves a school, and then the inside of the school too.
you can see that an architect has good reasons to protect his/her design. It's their name that is associated for even with that building design. But, in this case we (board and parents) felt that it was just ridiculous. Common sense would dictate what happens with halls, corridors and schools. Common sense might, but legally we had not a leg to stand on. Which is actually pretty remarkable as the main principle of Dutch law is always that things need to "redelijk en billijk" or "fair and reasonable".
So a Dutch judge will always look at a case from the perspective of what is fair and reasonable, no matter what a contract stipulates. However, copyrights are seen as very, very fundamental belonging to the original producer (ie architect).
I have been myself in a few other court case (not to do with copyright) where technically/legally speaking I was at default. But after hearing my story and the other party's story, the judge ruled that I was 99% correct and the 1% remaining was to reflect the 'formal' legal responsibility I had. And the subsequent financial settlement was done 99% in my favor.
Jeroen
Jeroen