Supreme Court Rules "Golf Course Design Drawings Also Protected by Copyright Law"

In a copyright dispute arising from the process of reproducing golf courses in a screen golf system, the Supreme Court has issued a ruling recognizing the originality of course design drawings.

On the 26th, the First Petty Bench of the Supreme Court (Presiding Justice Noh Taeak) overturned the appellate court ruling, which had dismissed a damages claim filed by a U.S.-based golf course design company against Golfzon, a screen golf company, and remanded the case to the lower court.

The key issue in this trial was whether golf course design drawings constitute "creative works" protected under the Copyright Act. The appellate court had held that it was difficult to recognize originality because golf courses are strongly influenced by functional factors such as topographical constraints and game rules, but the Supreme Court reached a different conclusion.

The Supreme Court held that "even if there are practical constraints such as terrain and safety in golf course design, a designer can still exercise creative individuality that distinguishes a course from others by diversely selecting, arranging, and combining various components," and added that "the mere existence of functional elements cannot, by itself, lead to a blanket denial of originality."

The Supreme Court particularly focused on the fact that design drawings organically combine the components of each hole in line with the designer's specific intent. It stated, "The fact that the course is designed so that users can devise appropriate strategies according to the situation from tee shot to putting, and can sense changes in the course and enjoy the fun, is the result of the designer's choices and arrangements made with that intent." The Court further noted that the drawings "embody independent expression by, for example, harmonizing with artificial landscaping and the surrounding scenery to evoke a sense of beauty."

This ruling is significant in that it presents concrete criteria for determining whether golf course design drawings can be protected under the Copyright Act. Going forward, it appears inevitable that screen golf companies will have to overhaul their business structures, for example by establishing systems for paying copyright fees when implementing existing courses in their systems.