Supreme Court says golf course designs can hold copyright protection

The Supreme Court on February 26 ruled that golf course design drawings can qualify as copyrighted works if they reflect the creator's independent expression and creative individuality, overturning a lower court decision that had denied such protection.

The high court sent the case back to the appellate level, finding the previous judgment misunderstood legal standards for originality under the Copyright Act. The dispute arose after a screen golf simulator company included video reproductions of various golf courses in its system without permission from the foreign firm that designed them.

A foreign golf course design company sued the simulator manufacturer for damages and an injunction, arguing the use of its course layouts constituted copyright infringement. The core legal question centered on whether functional works could meet the threshold for copyright protection.

The court clarified that while functional works are limited by their purpose and common expression methods, they are not automatically excluded from copyright. Protection applies if the work contains the author's unique expression rather than merely replicating existing models.

Justices noted that golf course designers exercise creative individuality by selecting, arranging and combining elements such as facility locations, hole shapes and overall layout. The court found the design drawings in question displayed such organic combinations and creative choices, possessing the necessary originality because the specific selection and arrangement were not something anyone would inevitably replicate.

The ruling covers case number 2024Da228661. The court also stated that unless special circumstances exist, the law governing the underlying employment relationship in cases involving international elements should be determined by the conflict of laws rules of the forum where the case is heard.