World Course Designers: “Concerns Over Copyright Violation in Korea”

The original article appeared on the JTBC Golf (a South Korean television channel dedicated to golf) website here. A similarly worded article has also appeared here. The original article is published in Korean, so an English translation is below. Comments from EIGCA, ASGCA and SAGCA are included.

Golf course design groups around the world, including those in the US, Europe, and Australia, have expressed concerns about copyright infringement in Korea regarding ongoing lawsuits related to golf course design copyrights. The Korea Golf Course Designers Association (KSGCA) announced on the 5th that overseas designers expressed “deep concern about the situation in which design creativity and copyright are being infringed” regarding the copyright lawsuit between simulation golf company Golfzon and designers ongoing in Korea, and at the same time, “the creativity and copyright of designers must be protected.”

Orange Engineering and Songho Golf Design, members of the KSGCA, filed a lawsuit in 2018 against simulation (screen golf) manufacturer Golfzon, claiming that they infringed on their copyright by using their course designs without permission. In the first trial in 2022, the plaintiff, the course designer, won, but in the second trial in February 2024, the defendant, Golfzon, won, and the plaintiff has currently appealed to the Supreme Court and the trial is in progress.

The American Society of Golf Course Architects (ASGCA), the European Institute of Golf Course Architects (EIGCA), and the Australian Association of Golf Course Architects (SAGCA) expressed regret over the lack of recognition for the creativity of course design, and stated that while the excellence of Korea’s K-culture is receiving worldwide attention, it is difficult to understand that golf course design, a specialized field that requires a high level of creativity, is not being recognized for its creativity in Korea.

At the same time, they sent an official statement supporting the KSGCA, saying, “The creativity and copyright of golf course design must be protected.” In the statement, ASGCA President Mike Venkersky stated, “It is only natural that golf course design should be legally protected as a work of creativity, and the more unique courses there are, the greater the positive impact on the golf industry and local communities.”

The organization was founded in 1946 by experts such as Donald Ross and Robert Trent Jones, and is the world’s largest and most influential organization with modern golf course design masters such as Peter Dye, Jack Nicklaus, and Tom Fazio as members.

EIGCA, which is based in 25 countries across three continents, including Scotland, where the R&A, which governs the world rules of golf, is located, shares the same position. President Casper Grauballe stated, “Course design is an art and science absolutely necessary for constructing a golf course, and the work of a course designer is a creative work like the works of art created by sculptors and painters,” and added, “We will continue to support KSGCA’s position going forward.”

SAGCA, which was established in 1989 and has members from Australia, New Zealand, and Malaysia, said, “We are aware that many golf courses designed by domestic course designers as well as foreign designers in Korea are being sued for unauthorized use of simulator technology,” President Paul Mogford said. He also emphasized, “It is not desirable to unfairly use our design drawings.”

KSGCA expressed its gratitude to foreign design associations for speaking out in unison in their argument for the need for copyright in golf course design, and pledged, “We will do our best to ensure that the originality and copyright of golf course design is recognized through continuous ties and consensus with professional golf organizations around the world.”

Reporter Nam Hwa-young nam.hwayoung@jtbc.co.kr