| Title |
Developing a Framework for Architectural Copyright Infringement Criteria Through Case Law Analysis |
| Authors |
이지은(Lee, Jieun) ; 손동화(Shon, Donghwa) |
| DOI |
https://doi.org/10.5659/JAIK.2025.41.2.3 |
| Keywords |
Architectural Copyrighted Works; Judicial Precedents Cases; Architectural Plagiarism; Judgment Criteria |
| Abstract |
Plagiarism and legal disputes concerning architectural works are increasing, yet the Copyright Act lacks specific guidelines for determining
architectural infringement. This study seeks to reduce these disputes and support fair use of architectural designs by establishing clearer
criteria for assessing copyright infringement. A total of 25 copyright-related court cases from 1995 to 2023 were collected and analyzed,
focusing on factors such as work type, lawsuit classification, court rulings, and case details. The infringement judgment process in these cases
was organized into a flowchart illustrating the various types and criteria involved in court decisions on architectural copyright infringement.
Three main types of judgments emerged: assessment of copyrightability, determination of defendant’s innocence, and acknowledgment of
infringement. Key criteria include the determination of copyright, identification of the copyright holder, evaluation of the defendant’s actions
and contractual relationships, and assessment of substantial similarity or dependency. Further research is needed to address ongoing issues and
potential improvements in copyright criteria for architectural works. |