Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller

(Un)Loved Modern Conference 2009 Conservation of 20th Century Heritage Conference 7-10 July 2009, The Sydney Masonic Centre, Sydney NSW Australia 2000

Associate Professor David Jones School of Architecture, Landscape Architecture & Urban Design The University of Adelaide, Adelaide SA Australia 5005 Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Copyright Permissions . www.petermuller.org www.petermuller.org er, P & M Dupain (2008), Peter Muller: l Max Dupain, Walsh Bay Press, Dupain, Max NSW, Copyright this presentation are Several photographs in copyright ©held in Max Dupain and by Associates Pty Ltd and Peter Muller. “Max Dupain” is the registered trademark of Barbara Jill White and is used in the title of the below book with her permission. The moral rights of these authors have been asserted. Permission has been granted by Peter Muller on 20 February 2009 to use select images, and his inkan, from the below publications in this powerpoint : Mul Urford, J. (2008), Peter Muller: The Complete Works, Walsh Bay Press, NSW, Bay Other images in this powerpoint are the author’s, and held in copyright © David by Jones. Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Abstract images: Peter Muller 2008, + Muller House at Whale Beach, NSW, c.1960s NSW, Beach, House at Whale Muller + Muller images: 2008, Peter

Copyright Act Copyright style in Australia. ng his pleasure in having regard to the Australian exemplars of Muller. It considers recent debates about moral rights and Australian projects that implicate several architectural and landscape architecture projects, the interpretations the legal fraternity are taking this topic, and positions the approaching in this ideas, values, and attitudes of Muller in context. Abstract Peter Muller is one of the most unique architects of the 20th century Australian possessing a passion for organic architecture and Australian realised in several significant in inquiry His exemplars. design Indonesian the organic style of architecture stylistically mirrors that of Frank Lloyd Wright whom wrote to Muller expressi This paper considers the position of moral rights under the Australian successful pursuit of this 1968 Muller’s personal opinion is expressed into the thoughts of one insight an providing senior contemporary Australia architect as to 'their' architecture and ‘heritage’. Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Official & Professional Institute Copyright Policies & Notes ief e international competition br e international linked to the drafting of th linked to e design notional proposal e design notional . (2004). (nd). (2002) that in Article 4 : “codes image: Muller, Australian Parliament Hous (2006). (2003; 2006). Architects (AILA) and disciplinary standards.” Planning Institute of Australia (PIA) ICOMOS Architects Institute of Australia (AIA) Australian Copyright Council’s (ACC) Australia ICOMOS (AI) Advisory Notes Advisory G043 Information Sheet on Moral Rights + Architects: Copyright & Moral Rights Institute of Landscape Australian Note Moral Rights Practice Professional Code of Conduct Ethical Commitment Statement for Members Allegations of a Breach the Ethical Commitment Statement Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Australian Copyright Act 1968: Recent Changes

Copyright Act 1968 Copyright Act Harry Howard (1930-00), Ashton Raggatt McDougall Richard Weller Harry Siedler (1923-06), Glenn Murcutt ( – – – – – a new realm for planning and heritage a new realm for planning and heritage administrators and practitioners how does it relate to “creators”, national and contemporary works of state, or international heritage significance. to contemporary How does it relate like: practitioners recent moral rights provision amendments to the Australian Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Expression of Frustration www.petermuller.org Many projects over the years have “ undergone unauthorised alterations undergone unauthorised alterations and additions, but those listed below more particularly so and can no longer be regarded as the genuine work of Peter Muller, two regrettably are disowned.” Peter Muller at .1927)

b quietly frustrated with the lack of respect given to his own built designs the lack of respect of integrity and moral the lack of respect integrity rights courtesy. web site, his hand on personal www.petermuller.org Muller ( a personal strategy to express his concern at publicly “disowning” precedents of particular internationally prominent architect Peter prominent internationally Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Moral Rights house, Palm Beach, 1955 Beach, Palm house, Image: Muller: Richardson now

Act the time obligations within moral rights provisions of the moral rights have not previously been the realm of heritage practitioners and managers. but increasingly we are witnessing the local, national and world heritage listing of contemporary designs – creations of largely designers since World War II necessitate an obligation for author integrity and respect full attribution to be afforded. Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller How do we proceed? c Stadium Competition entry, 1952 Image: Muller: Melbourne Olympi

Copyright Act Copyright place an obligation upon the heritage practitioner practitioner - to seek primary research material - to document and guide conservation study, and measures for the place under - recognises that the living designer is a right. their own component in research primary But, … how do we proceed …? the Burra Charter + the the Burra 1968, Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller How do we proceed? House Competition entry, 1955 entry, Competition Image: Muller: Sydney Opera House for the Sydney Opera House, architect Jørnfor the Sydney Opera House, architect Utzon (1918-08) was directly consulted on changes and renovations to the structure the nature of these we need to appreciate engagements + discuss protocols on how to proceed with heritage places as a subset of the larger moral right discourse Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Mount Lofty Botanic Garden (2007) http://www.deh.sa.gov.au/botanicgardens/intro.html .1931) was directly consulted on his

b See: landscape architect Allan Correy ( Mount Lofty Botanic Garden Register of National Estate listed Mt Lofty Botanic Garden Study Conservation and thoughts as to how design intent the extant Mt to curate and manage Lofty Botanic Garden images: Mt Lofty Botanic Garden, author; Allan Correy Garden, Botanic images: Mt Lofty c.1996. in Sydney, Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller National Museum of Australia & ‘Garden of Australian Dreams’ - 1 4.1.3, photos, author photos, 4.1.3, ller & Sitta under Room images: ‘Garden of Australian images: Dreams’‘Garden We by about the question of design authorship, about the question of design “Museum [being] told it’s lost the plot,” the NMA wished to change physical public debate: National Museum of Australia (NMA), + the ‘Garden of Australian Dreams’ • • before and after attribution and integrity construction. a review report highly criticised the NMA’s arbitrariness”“disjointed … particular in proposed a major review of the future of the ‘Garden of Australian Dreams’. components of the executed design that of integrity would compromise the design theARM and Room 4.1.3 (by Richard winning Sitta) multi-award Weller & Vladimir and extensively photographed project. Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller National Museum of Australia & ‘Garden of Australian Dreams’ - 2 Room 4.1.3, photos, author images: ‘Garden of Australian images: Dreams’‘Garden Weller & Sitta by under n in history to censor a anse of concrete over- anse garden”. whelming” clearly to “little that is explained with visitors.” It proposed the addition of a lawn, sundial, Aboriginal rock art and tree planting. Weller, one of the designers ‘Garden’ lampooned the critique of the Garden. Weller threatened to take legal action if the that recommendations were actioned believing are offensive to our artistic integrity”. “the plans “to change our design makes a complete mockery of the entire process by which the work was chosen and created,” “we don’t want (NMA review chair) John to be the first ma Carroll “it has proven very popular with visitors, precisely because it looks and feels unlike normal gardens.” the NMA review panel perceived the ‘Garden’ “exp its uninviting, to be Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller National Gallery of Australia: Building Renovations & Changes - 1 ; tails/building.cfm accessed 22 June 22 June 2009 accessed .1921)

b Image:sAboutUs/building/de http://nga.gov.au/ ng/statement.cfm: + http://nga.gov.au/AboutUs/buildi National Gallery of Australia (NGA) National Gallery of Australia subject of two recent public controversies about its approach to renovations and moral rights. a dispute by the architect to the NGA, ( Colin Madigan Madigan claimed that changes by architects Tonkin Zulaikha Greer in 2001 constituted design. derogatory treatment of his original RAIA [AIA] interceded to seek the of architect removal of liability infringement a “totally right that resulted in integrity approach”different design that “established a preliminary methodology and a precedent for future consultations, a number of which are in the wings.” Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller National Gallery of Australia –Media Comment - 2 Image: http://nga.gov.au/AboutUs/building/statement.cfm:; accessed 22 June 2009 June accessed 22 http://nga.gov.au/AboutUs/building/statement.cfm:; Image:

debate is little more

y tussle. Architecture is this: what rights, if any,

Sydney Morning Herald.

on. Grrrruesome. ‘The Art World’s Great Custody Case’ Elisabeth Farrelly,

Media reporter Farrelly expressed this debate in terms of a family law custody battle: The current National Gallery or less than a classic custod always mixed progeny, with at least two – client and architect – probably more assisting not only at and birth but at concepti Even thereafter, architects occasionally get all anal, around to select every little thing down hanging cupboard handles, furniture, paintings. carpet, Normally, though, and quite rightly, the architect moves on once the birth pictures are taken, leaving the infant edifice in full care and control of the client, loving or otherwise. But later, much later? The question exercising many a professional mind is should the original architect have when, years or even decades later, the now mature building needs amendment. Whose building is it anyway? Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller National Gallery of Australia: The Sculpture Garden -3 ; accessed 22 June 22 June 2009 ; accessed http://cs.nga.gov.au/Detail.cfm?IRN=43101 + http://cs.nga.gov.au/Detail.cfm?IRN=89166 image: National Gallery of Australia second debate - the Sculpture Garden, designed by Harry Howard in 1982, which was listed on the Register of National Estate in 1993. garden area is at risk of deterioration, economic-driven change over management and security costs issues, may never concept and design realise the original philosophy. “little attempt was made by the new designers principles, design to understand the original the history or the significance of place,” Barbara Buchanan Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller A Common Problem Internationally image: Muller, Club Med design Med Vanuatu, 1990, Club Muller, image:

apes that are often a part of our g a significant chapter of landscape .

A Common Problem Birnbaum, of the US National Park Service, concluded with an observation and a plea: We must be committed to these landsc everyday lives, even those that we take for granted. If allow these losses and to continue—unmonitored modifications by the profession and allied communities—we run the risk of erasin history Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Frustrations image: Muller, Hoyts Muller, image: 1966, design Melbourne, Bourke Street, Cinema Centre, in the emerging public n ethical responsibility Weller’s frustrations are not an isolated an Weller’s frustrations are not incident … it is simply a more forthright expression … Australia, in this frustration is prevalent, in the architecture and landscape architecture as well disciplines, not new, this frustration is but what is new … a art realm. upon the host owner to afford greater respect to the work Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Important Contextual Issues century th image: Muller, Taree Commonwealth Bank, NSW, 1958 , design; photograph by Muller, c.2000 Muller, by 1958 , design; NSW, photograph Bank, Commonwealth Taree Muller, image: the role and merit of contemporary of contemporary the role and merit ‘duty of care’ and and moral rights; intellectual property; of relinquished design the practice the role of peer design and heritage awards the position and merit of 20 where the living designer ‘fits’ within a heritage in Australia; • architectural and landscape designs; • and, specifically; • ‘heritage’ place. These dilemmas rotate around: • • ownership; • and heritage registrations; • Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Ethical Questions consulted about the executed lly value the heritage listed these living designers … ? Should we be consulting design’s prospective alteration, change, renovation and or demolition? Does the designer wish to be consulted … and, ? Does the designer actually care … ? Does the living designer actua place as ‘heritage’? happy not to be Is the designer NSW, 1958, used as a model for the Dickson Hotel design, Canberra, ACT, NSW, 1966 NSW, ACT, used 1958, design, as Hotel Canberra, a model NSW, for the Dickson • • • • • image: Muller, image: Muller, hotel design, Mona Vale, How does the living It is a ‘stand alone’ design Does it possess ‘heritage Ethical Questions: • designer view the integrity and qualities of the executed design? • or precedent project, a audience specific-client design, or is it a design that is simply a phase in larger thereby and design inquiry ‘process design’? • merit’ from the living designer’s perspective …? Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Peter Muller +Adelaide’s School of Mines & of Mines +Adelaide’s School Industries (1944-48), Scholarship (1950-51) to the University of Pennsylvania Development Commission (1975-77) as of establishing the charge Director in Australian Parliament House design competition terms of reference. educated at the University of Adelaide Tuition Scholarship +a Fulbright Travel served with the National Capital image: Muller,image: The Oberoi Lombok,Indonesia, master site design 1997 -01) including including -01) age (1988-89) 3 l .1927)

b er International’ (1988+), l er House (1954) at Whale Beach, l the Oberoi in Lombok (1997), and the Audette (1952) and Gunning in Kedewatan, Bali, Kedewatan, in (1952-88) in Sydney in 1953, and ‘Peter Mul the Amandari Hotel Vil Australia, Indonesia, Egypt, Saudi Lanka, Sri and The Philippines Arabia, retirement until his professional practice in 2007. Mul Castlecrag, Sydney, (1960) Houses in a suite of IPEC and Hoyts Theatres across Australia (1964-68), the Oberoi Bali in (197 upgrades), Sydney, established ‘The Office of Peter Muller’ • • designed many buildings and residences in residences in and buildings many designed designs: Important • • • • Architect Peter Muller ( born in Adelaide, Australia, born in Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Peter Muller’s Design Philosophy .

who has developed, as an an who has developed, as portant place in post-war k Lloyd Wright to Peter Muller, dated 20 Muller, Peter Fran k to Lloyd Wright letter from image: March 1956

Australian architecture as the leading romantic architecture as the leading Australian architect of his time, one organic alternative to the modern movement, an conception of architecture Drew has concluded that: has Drew Peter Muller occupies an im -is very site and culture culture and site very -is Philip Drew has observed has Philip Drew that Muller’s work, -is influenced by Frank style, Lloyd Wright’s -is very much and individualistic its in independent exploration than Wright’s, and responsive. … materials and natural of principles spiritual cultural architecture guide Muller’s responses … thus, topography, climate, light, tectonic form rather than scenography and the tactile sense rather than the visual are extremely important variables. Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller IPEC Office, Frewville, South Australia , ewville, SA, 1964; photograph of the present former IPEC complex, authors complex, IPEC former present the of photograph 1964; SA, ewville, , and (1993) (1993). image: Muller, IPEC image: Muller, Fr Headquarters, IPEC ’s (1993) contents or Study

Conservation Study

Study http://www.planning.sa.gov.au/index.cf bin/ahpi/record.pl?SA13990 m?objectID=F2D3709D-F203-0D46- AD813765BAD9B959&i=8374 http://www.heritage.gov.au/cgi- recommendations, Muller: Adelaide, South Australia. complex, alterations, and Hill about his associative landscape work on his project nor mentioned in the Listing or Significance, see: see: Significance, -the Muller was not consulted on -the Only Heritage Listed project designed by IPEC Building (1964), in Frewville, included on the State Heritage Register for subject to a -nor subsequent renovations and and renovations subsequent - of the the State Heritage Listing -nor - was landscape designer Robin neither for the IPEC Building Statement of Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Copyright under the Australian Copyright Act 1968 . image: author, photograph of the Michell residence, Medindie, SA

Copyright Amendment (Digital Agenda) Act 2000; Copyright Amendment (Moral Rights) Act 2000 and details when other people, including details when other people, including was amended 2000 to include in

Act Act -Australia, -Australia, -Australia, it includes … sculptures, drawings, paintings, works, photographs, digital imagery, craft engravings, films, videos, sound recordings, textual materials, as well designs. the Copyright under the defined copyright is Act 1968 architects, academics and students, other use the than the copyright owner, can copyright material with the copyright material using digital technologies and communication systems, including the internet. a further amendment, gazetted in December 2000, sought to attribute creator ‘ownership’ over their designs and th their work is respected. Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Copyright under the Australian Copyright Act 1968 image: author, photograph of the Michell residence, Medindie, SA now mandates that now mandates

Copyright Act 1968 the the designer must be attributed into any change must be attributed into any change the designer or demolition of their built or executed project, whole or part, and the ‘integrity’ of their design must be due acknowledge made. respected and Thus, where do we position contemporary heritage in this context? how do we address the present failure of and attribution process?, how do we address the lack of clarity as to who monitors and ensures attribution acknowledgement? Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller ‘artistic work’ and the Copyright Act 1968 image: author, photograph of the Michell residence, Medindie, SA , Section 10 , “artistic work” means:

Act [sic.]

a painting, sculpture, drawing, engraving or engraving sculpture, drawing, a painting, a building or a model of a building, whether or a a building a work of artistic craftmanship to which Australia, as a general rule, copyright … for “artistic works” and the year of creation applies from lasts for some 50 years after the death of “creator”. however, copyright has expired if the creator died before where 1 January 1955, except a government owns the copyright. under the • • • photograph, whether the works is of artistic not; quality or the built model is of artistic quality not; or paragraphs neither of the last two preceding applies … (1) “artistic work”. Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller ‘creator’ and the Copyright Act 1968 the Michell residence, Medindie, SA images: author, photographs of author, photographs images: . , Section 1. to describe individuals like

Act

a right of attribution authorship; a right to not have authorship falsely a right of authorship of integrity a right the personal rights of the “creator”, whether or not the creator owns the copyright or ever this covered within owned the copyright, are scope. these rights require acknowledgement or attribution in three ways: • the term “creator”, as distinct from ‘designer’, the term “creator”, as distinct from ‘designer’, is used in the • • Australia, … … architects, etc. attributed; and, Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Muller & Heritage Thoughts image: Muller, model, Newcastle Hoyts Newcastle model, Muller, image: , 1960 design complex, Cinema Muller & Heritage Thoughts in pondering the concept of ‘heritage’, it is not one that Muller has been previously asked. its terminology, notion in new it is a one that he does not use in his vocabulary about his designs, when talking it is allied to Muller’s notion of “disowned project.” … certainly an honourable recognition “it’s to have placed upon your work,” but often the owners do not wish it. Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller The Muller House, Whale Beach nges raph, c.1953; now “disowned” now c.1953; raph, and cha renovations to Muller due by ) been photographed at Angophora costata ous 200 year old Angophora l er House (1954) l tree.” branches embracing the house branches embracing and reflected in the water-filled roofs. the time by Muller and Max Dupain the time by Muller and Max portraying the unique sculptural arms of the Angophora ( alterations by the current owners without consultation with Muller. [and I] threaded the architecture through the marvel the site.” images: Muller, images: Muller, plan of Muller & Max House, 1952, Dupain photog It is a house that was The Mul a classic contemporary design extensively compromised by extensions and “Basically the site determined the house “That house taught me how to respond Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Muller House, Whale Beach s, now “disowned”s, changes and renovations due to Muller by .

totally ruined over time totally ruined over time images: Muller House, Whale Beach, NSW, 1956 design change NSW, Beach, Whale House, images: Muller [has been]

Frustrated with despoliation of a house and Frustrated with despoliation of a house and designed for studio that Muller personally himself, that expressed his ‘reading’ of the North Shore landscape characteristics, that Muller has written ... house alterations and additions ... by insensitive including the removal of the magnificent 200 year old Angophora gum tree to make way additional room. for an The grey brickwork and natural timber fascias throughout have been painted white....a disaster. The whole colouring of the house originally with the natural bush setting co-ordinated Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Lane House, Darling Point and thereby the international standing of and thereby the international standing ein key argument launched was the heritage ein w owner wrote to Muller “seeking my okay for ourse about this structure in 2003-04. inal architect, the prospective demolition image: Muller,image: perspective sketchof the LanceHouse, Darling Point, NSW, design , ‘no problem’, [and] I don’t care.” feelings about” this house. resulted in an unsuccessful court case an wher resulted in of the building significance and architectural the architect. demolition. Lance House (1962) , Darling Point, NSW “I replied in writing saying ‘okay’ saying writing in “I replied … approach to the orig despite this unusual “I did not have any special any “I did not have … it was sold by the Lance family, and ne … Muller was drawn into the demolition disc Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Heritage and a Architect’s Theory - 1 changes by Muller due to renovations and renovations to Muller due by response is the belief by Muller that his designs are by Muller that his designs realise a design that is more often “conceived as a piece of sculpture.” relationship and thus of place”. heritage listings as “how encapsulated in of the the integrity you preserve can building?” photographs, c.1953; now “disowned” c.1953; now photographs, for the client at the time to live and evolve in. for the client at time to live and evolve in. Muller ‘reads’ the both client and the site to changes in ownership break this special the house loses its ‘design’ – spirit sense “it’s be Muller’s mind, such cannot in … theory behind this a images: Muller, Muller House, Whale Beach, NSW, 1954; Max NSW, Dupain Beach, Whale House, Muller images: Muller, Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Heritage and a Architect’s Theory - 2 r due to renovations and changes r due to and image, now “disowned”image, now and Mulle by th time” my designs in images: Walcott House, images: Walcott House, 1956 design separate and not and not separate … similarly, “I was not concerned wi and their ‘historical’ occupation and “I wasn’t concerned with heritage.” it was the intellectual engagement “For me, the place”with the client and that was important. … each design was evolutionary, was site- as each design responsive yet laden with culturally stylistic explorations. “In the end, one’s photos and memories are really all that is left of the past which gone and no longer a reality, the future is a concept, not a reality, because it hasn’t happened ... only the immediate present is real [sic.].” Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Heritage and a Architect’s Theory - 3 e is quite flattered, but e is eeds and simply rented for the IPEC Building Building IPEC the for state heritage listing, or up indeed research leading and listing, to the subsequent alterations, Muller was not consulted. when discovering the listing, the reality comes later.” are “I found that the owners of buildings not always pleased, and, building in of the IPEC the case in Adelaide for example, they decided ... [to alter] its configuration to suit their particular n let the property run out the spaces and down.” “... naturally at first on “... naturally at first images: IPEC Building model, 1964 by Muller; photograph, Muller, c.1965. Muller, Muller; photograph, model, 1964 images: by Building IPEC Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Heritage and a Architect’s Theory - 4 changes originalof image (above) Lodge modified and now Lodge (below), now “disowned” now (below), and renovations to due Muller by images: McGrath/O’Neill ski lodge, Thredbo, NSW, 1958, NSW, Thredbo, ski lodge, images: McGrath/O’Neill is linked to the client ined to accept the Muller’s … to time is also an relationship ... best to look forward to the next project as important aspect in his view of ‘heritage’. aspect in important to Muller, time is transient. to Muller, time in design for whom he designed the house and the which the of time within occupancy-span client resides in the house. … change the client and occupant you stop time. … thus, demolition is a feasible option once ceases. this occupancy-span “... [I] am more incl ... all is transient inevitable if it were your only one.” Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Heritage and a Architect’s Theory - 5 , c.1965; photographs, author photographs, , c.1965; images: Walsh House, Adelaide images: Walsh House, er, in 2008, l er prepared some sketch l 1964. o discover that theo house existed, and But, how do you deal with the following dilemma?. 1964 Mulin no design fees were paid payment and construction drawings were prepared. yet, the house was constructed to design sketches, very much in the materiality and ethos of Muller’s style, and has been lovingly cared for and respected by two families since it was a complete surprise to Mul t more so that it accords with his approach, even with recent bathroom renovations, that integrity. respected his design it was executed. yet, he did not know Where are moral rights in this instance? designs for Dr Walsh while working in designs for Dr Walsh while working Adelaide on the IPEC project. c. Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Heritage and a Architect’s Theory - 6 e, Palm Beach, NSW, original perspective sketches; photograph by Max Dupain, c.1965 by photograph sketches; perspective images: Richardson / ‘Kumale’ Hous The Richardson/’Kumale’ house (1956) in Palm Beach, Sydney, is presently being renovated by architect Walter Di Qual in direct consultation with Muller. While the house is not heritage listed, it is a portfolio precedent in Muller’s mind. Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Heritage and a Architect’s Theory - 6 rspective plan; photograph by Muller, nd Muller, by photograph plan; rspective e’ NSW, Beach, original pe House, Palm images: Richardson / ‘Kumal in pondering changes to this house, Muller pondering changes in has responded: “… my contention is that one should be free to make changes one’s own designs as he see fit. “ buildings as they “Historians wish to retain conceived but that makes no were originally sense for buildings which are in continuous occupation to allow for changes in and need personal ownership requirements and technology... “ in changes “… [in these instances, I support] the strict if still alive, creator, proviso that the original should be involved and in control of all design decision making. “ how to maintain “Only he really understands concept.” the integrity of original Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Heritage and a Architect’s Theory - 7 perspective sketches; photograph by Muller, c.1960 by photograph perspective sketches; images: Richardson Ski Lodge, Thredbo, NSW, 1959, original original 1959, NSW, Thredbo, Lodge, Ski Richardson images: … further questions to ponder are, “… why do we not ask the living designers which of their executed projects they deem ‘heritage’ of their genre”, and secondly, whether these places should be heritage listed. Muller certainly has not been asked these questions previously until recently interviews. in Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Responsibility 1952, original 1952,

model; photograph by Muller, c.1955 Muller, by photograph model; images: Audette NSW, Castlecrag, House, has laid a

Copyright Act 1968 the but there has been little legal precedent … to ensure that such respect does occur. … clearly where a contemporary designed structure … has obtained heritage registration, there is a greater ethical and procedural responsibility placed upon heritage and and development administrators planning to practitioners of design, of integrity ensure respect and authorship is adequately and responsibly ensured of implies the place is because such listing community wealth and legacy to Australians. framework for moral rights respect of the framework for moral rights of constructed designs integrity Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Thoughts

1967, original foyer perspective; by Muller, c.1967 Muller, by perspective; 1967, original foyer images: Hoyts Street, Melbourne, Bourke Centre, Cinema Heritage practitioners in Australia need to better ensure respect to integrity of place studies their conservation and authorship in but also in their assessments, renovations to and recommendations pertaining contemporary designed places that have been local, heritage listed. state and national Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller Acknowledgements Indonesia, 1989 Hotel, Kedewatan, Bali, Bali, Kedewatan, Hotel, images: Muller, Amandari ACKNOWLEDGEMENTS to given Special thanks is Peter Muller for his advice and interviews, together with the advice of McDougall (ARM), Ian Allan Correy, Clifford Frifth, Hill, Robin Barwick, Ian Glenn Murcutt, Carolyn Wigg, Mrs Luther Scammell, Paul Stark & Brooks. Katherine Moral Rights, Heritage and Australian Contemporary Architecture: Thoughts & Designs of Peter Muller “Disowned Projects” Listed by Peter Muller . Forestville - Demolished Demolished February 2004 garden PURCELL House, Fisher St. Balgowlah - Demolished H.O.,HorsleyVICTA Rd. Milperra NSW - Demolished REGENT/PARIS , Theatres & Shopping Arcade – Demolished - Canberra HOTEL, Dickson, DICKSON Demolished WINN’SFairfield Department Store, - Demolished 4 Drive-in theatres (NSW & Vic) for Hoyts Theatres - Demolished Properties known to have been demolished. ROCKDALE PLAZANSW - & BOWLING, Rockdale, PATRICK House , The Scarp, Castlecrag - Demolished LANCE House, DarlingPoint - MichaelDysartin Demolishedby WALDER House, Bellevue Hill - Kerry Demolished Packer by to extend WALDER House, Cabarita Rd. Stokes Point - Demolished WALKERHouse, ArterialSt.Ives Rd. – Demolished NICHOLSON HOUSE. Angophora Cr

, r extensively modified against extensively modified against cil, the National Heritage cil, the additions, but those listed additions, but d can be no longer regarded ted white with many othe many with ted white this house "un-Muller" ole colouring of the house of the house ole colouring . The grey brickwork and brickwork grey The . er andJ.C. Urford. e years have undergone have undergone e years tions ... including the removal of the the removal ... including tions http://www.petermuller.org/disowned.html ission, Peter Mull Peter ission, m The 1955-57 Richardson House "Kumale" in Palm in Palm "Kumale" House Richardson 1955-57 The GUNNING House House GUNNING Rd, Castlecrag Edinburgh 369 Table I “Disowned Projects” PeterMuller by over th projects Many MULLER House photograph showshouse how the it was before totally looked ruined insensitive over time by addi alterations and make to tree gum old Angophora year magnificent 200 an additional room way for painted have been fascias throughout natural timber wh The white....a disaster. natural bush setting. with the co-ordinated originally in 1956. was taken photograph House WALCOTT Thehouse has beenrecently Local Coun of the the wishes unauthorised alterations and Com below more particularlybelow so an r Muller, two regrettably are Pete r Muller, regrettably of two work as the genuine disowned. accessed 6 February 2009. 6 February accessed PATRICK House House PATRICK 9 The Scarp, has Castlecrag, design new completely to a rebuilt and demolished been original of the but incorporating some features design. consulted.Muller was not Peter Source: alterations enough to make to alterations enough has been rendered and pain has been Beach is at last being fully restored with architects restored with architects being fully is at last Beach Walter Di QualMuller working and together. Peter Relevant Publications &DesignsofPeterMuller Thoughts andAustra Heritage Moral Rights, lian ContemporaryArchitecture:

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