Supreme Court: Golf Course Design Plans Also Subject to Copyright Protection
The South Korean Supreme Court has ruled that golf course design plans implemented in screen golf venues are considered creative works and thus protected under copyright law.
The South Korean Supreme Court has ruled that golf course design plans, especially those used in screen golf facilities, are deserving of copyright protection as they embody the unique expression of their creators. This decision came after a lawsuit filed by a US-based design firm against a South Korean screen golf company, Golfzon, regarding the reproduction of certain golf course designs in their simulation systems. The court overturned a prior ruling that had dismissed the designer's claims, thereby sending the case back to the Seoul High Court for further proceedings.
In the initial trial, the court recognized that the golf course design plans reflected the creator's original personality and distinctive characteristics, thus qualifying as works eligible for copyright. However, the appellate court ruled that these designs lacked any creative expression beyond their functional elements, contending that they were not copyrightable under the law. The Supreme Court's latest ruling reaffirms the notion that creativity in design, even in functional works like golf course layouts, cannot be dismissed outright.
This ruling has significant implications for the creative industries in South Korea, especially for designers and architects who invest time and resources into their creative processes. By establishing the precedent that the arrangement and composition of design elements can demonstrate originality worthy of copyright protection, it strengthens the rights of creators and recognizes the value of creative contributions in developing new and engaging public spaces like golf courses.