Author rights on architectural works in the context of cultural processes : concept on the balance of interests

Abstract

The paper aims to explore the interception between authors rights (copyrights) and cultural processes, focused in Architecture and especially in Modern Architecture. It is presented in the prism of the concept on the balance of interests in relation to Architecture/ Architectural Works: authors (individual) interests – owners (individual) interests – public interests. The collision between the interests of the author’s and owner’s interests over a certain Architectural Works is often related to its cultural (heritage) representation and the public interests embodied in the Architecture and Architectural Works. The paper presents further research the hypothesis that the individual moral rights of the authors are usually overlap with the public interests related to the cultural values and cultural heritage. Thus, the author’s rights (and especially their moral rights on reputation) may represent an important instrument regarding the protection and regulation of Architectural Cultural Heritage (and in particular of Modern Architecture).