The Council of the Silesian Regional Chamber of Architects of the Republic of Poland has published a letter containing the Position of the Council of SLOIA of the Republic of Poland in connection with the Competition for the development of an architectural and urban design concept for the second stage of the investment entitled „Dzielnica nowych technologii — Katowicki HUB gaming-technologiczny”.
The competition „Dzielnica nowych technologii — Katowicki HUB gaming-technologiczny” is organized by the city of Katowice and the company Katowickie Inwestycje. The purpose of the competition is to obtain the best architectural and urban planning solution with outstanding spatial architectural and functional-utility values. The competition is the next stage of the investment. Below is the content of SLOIA RP's letter regarding the competition.
content of the appeal
Applies to:
Competition for the development of an architectural and urban design concept for the second stage of the investment entitled „District of new technologies — Katowice gaming and technology HUB”, including a facility with production halls for the gaming industry and the development of the land
adjacent areas as part of the investment task entitled „District of new technologies — Katowice gaming-technology HUB”.
Information source:
https://kisakatowice.ezamawiajacy.pl/pn/kisakatowice/demand/notice/public/91043/details
The Silesian Regional Chamber of Architects of the Republic of Poland draws the attention of Fellows to the issues that should be taken into account when deciding whether to participate in the proceedings in question.
Key issue: copyright protection
Excerpt from the terms and conditions of the competition:
Appendix 16 — Draft Contractual Provisions, § 8. AUTHOR RIGHTS para. 7 and 10b
and
Appendix 17 — Scope and terms of the agreement regarding the transfer of the author's economic rights to the selected work in exchange for the prize received in the competition, together with a specific definition of the fields of exploitation of the competition rights:
-
We declare that we have the author's permission to make changes, adaptations or updates to the Contest Work and to modify, adapt and combine the Contest Work with other works, as well as touse, exploitation and sale of such developments in fields of exploitation without the need to obtain additional consent from the creator, and I/we are authorized to grant such consent on behalf of the creator. Accordingly, I (we) agree that the Ordering Party may perform the above and that the Ordering Party may grant further consent in this regard. At the same time, we agree that the Ordering Party may distribute and use the Competition Work, its parts and individual elements, as well as further elaborations.
-
I/we guarantee that the author agrees that the Ordering Party may exercise the author's moral rights to the Competition Work and further elaborations thereof, including the exercise of author's supervision. At the same time, I (we) grant the Contracting Authority the authorization to exercise the author's moral rights to the Competition Work on his/her behalf. The said provision allows the
the Contracting Authority to grant, on behalf of the Participant of the competition, further authorizations to the entities indicated by the Contracting Authority to exercise the Participant's moral rights to the Competition Work. The Competition Participant also undertakes not to exercise his/her own moral rights.
Comment:
The Competition Organizer acquires the rights to all the awarded competition entries and any use of selected parts of the works.
Attention:
We would like to emphasize that the goal of the activities of the Council of the Silesian OIA of the Republic of Poland is concern related to the public interest in the pursuit of proper conditions for the implementation of the tasks set before the architectural profession, and therefore we do not recommend the participation of members of the Chamber of Architects of the Republic of Poland in the competition in question.
The basis is the provisions of the Act of December 15, 2000 on professional self-governments of architects
and construction engineers (Journal of Laws of 2023, item 551), in particular Article 8:
"The tasks of professional self-governments include, in particular:
1) to supervise the proper and conscientious practice of the profession by members of the chambers,
2) representing and protecting the professional interests of its members
(...)
6) cooperating with government administration bodies and local government bodies, as well as with other professional self-governments and professional associations (...)".
In addition, § 6 of the Statute of the Chamber of Architects of the Republic of Poland defines the objectives of the Chamber of Architects: "The Chamber's primary objective is to protect space and architecture as a public good. The Chamber pursues this objective by ensuring the proper performance of independent technical functions in the construction industry and by taking care of the performance of construction expertise in the field of architecture."
