In a landmark intellectual property ruling, Korea’s Supreme Court held that golf course layouts and design drawings can qualify as copyrighted works, overturning a lower court decision that had denied protection.

The case has been sent back to the High Court for reconsideration.


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⚖️ Court & Case

Court: Supreme Court of Korea

Division: Civil Division 1

Decision Date: February 26, 2026

Result: Lower court reversed and remanded



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🏌️ Background of the Dispute

Plaintiffs:

Golf course design firms Orange Engineering and Songho Golf Design


Defendant:

Golfzon


The dispute arose after Golfzon:

Entered agreements with golf course owners

Digitally recreated real-world golf courses

Offered them in screen-golf simulation systems


The designers sued, arguing:

Their golf course designs were used without permission

This constituted copyright infringement



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🏛 Lower Court Rulings

Trial Court (1st instance)

Recognized golf courses as creative works.

Found copyright protection applicable.


Appellate Court (2nd instance)

Reversed.

Held that golf courses lack sufficient creativity.

Reasoned that:

They are constrained by terrain and game rules.

They primarily reflect functional elements like difficulty and strategy.




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🧠 Supreme Court’s Key Holding

The Supreme Court disagreed with the appellate court’s narrow view.

It ruled that:

Functional constraints alone do not eliminate creativity.

A golf course reflects:

Overall layout and configuration of holes

Placement and number of hazards

Shape and positioning of features

Organic combination of design elements



The Court emphasized that:

Designers make creative selections and arrangements.

Those choices influence:

Strategy for tee shots and approach shots

Player experience

Aesthetic appreciation


Artificial landscaping and integration with surrounding scenery reflect design intent.


Therefore:

> Creativity cannot be categorically denied simply because practical or functional elements are involved.




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📚 Why This Matters

This decision:

Expands the scope of copyright protection in Korea.

Recognizes architectural and spatial design as potentially protected expression.

Has implications for:

Digital simulation platforms

VR environments

Architectural design industries

Landscape architecture



For the screen-golf industry, this could significantly reshape licensing and content acquisition practices.


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⚖️ Big Picture

The ruling reinforces a modern copyright principle:

Creative expression does not disappear simply because it serves a function.

Even fairways and bunkers can carry authorship — if they reflect creative choice.

Article: https://economist.co.kr/article/view/ecn202602260039