Moral Rights Too Architectural Plant Inward A Recent Italian Decision

Casa Bosco

To what extent tin post away an architectural projection live modified without the limited consent of the architect without such modifications beingness an infringement of their moral correct of integrity?

This is the inquiry that non long fourth dimension agone the District Court of Milan (Tribunale di Milano) addressed inwards Boeri v Agnoletto, conclusion No 1568/2018.

Background

In belatedly 2000s well-known architect Stefano Boeri was commissioned to realize an architectural projection - so perish 'Casa Bosco' - for ‘residential standardized units – Low Cost housing units’ inwards Milan yesteryear virtue of a contract that foresaw that the architect together with the commissioning political party would bring the co-ownership of whatever resulting rights, together with besides that whatever split utilisation of the projection – including for marketing purposes – yesteryear either political party should live authorized inwards writing yesteryear the other party.

Following the finalization of the projection together with the conclusion of Boeri to move out it due to his political commitment amongst the Municipality of Milan, a novel contract was concluded to ready the lastly version of the projection together with obtain the necessary administrative/building permits. 

Also this contract envisaged that Boeri would co-own whatever rights to the projection every bit finalized, salve for the correct to alter the projection if whatever such modifications would live necessary to obtain the necessary authorization.

In 2014 Boeri brought proceedings for infringement of – amid other things – Article 20(1) of the Italian Copyright Act. This provision states that, irrespective of economical rights together with fifty-fifty later their transfer, the writer of a operate has the correct to object to whatever deformation, mutilation or whatever other modifications, every bit good every bit whatever other deed to the detriment of the work, that may live prejudicial to their honor or reputation. The architect claimed inwards fact that both modifications made to his social housing projection ‘Casa Bosco’ together with the transformation of the projection into a for-profit corporation indeed infringed his moral correct of integrity.

The decision

The Court began its analysis yesteryear noting that Article 20(2) of the Act besides states that [the translation from Italian is mine] “in industrial plant of architecture the writer cannot object to whatever modifications that were necessary inwards the class of their realization. Similarly, they shall non object to whatever farther modifications that were necessary to live made on a operate that has been already realized.”

The judges noted that inwards Italian illustration police at that spot bring been 2 chief interpretations of this provision. On the 1 hand, at that spot is a restrictive thought according to which the entirely possible modifications are those which inwards whatever illustration create non infringe the author’s moral correct of integrity (hence, the provision would entirely apply amongst regard to economical rights). On the other hand, the prevalent thought is that the derogation inside Article 20(2) besides applies to the correct of integrity [this thought appears preferable, besides if 1 considers the fact that it is included inside the provision devoted to moral rights]: the say-so of the writer is non needed for whatever modifications that are detrimental to their honor or reputation should such modifications live indispensable to the realization of the work.

The modifications lamented yesteryear the architect concerned: (1) the removal of contractual clauses relating to the time to come sale of the units; (2) the change of the ratio betwixt gratis construction- together with social construction-reserved areas. 

The Court held that the erstwhile would live exterior the reach of the author’s rights every bit it would relate non to the projection every bit such but the economical exploitation of the resulting units, together with the latter related to something that the writer had consented to yesteryear entering the relevant contracts.

The judges thus dismissed Boeri’s action.