The renderings of interior design are “architectural works” and should enjoy copyright protection


The appellant, Star Wang Co., through the introduction of the appellee, Chen Jun-fu, won the bid for a decoration project of the foreign worker dormitory building of the appellee, Advanced Semiconductor Engineering, Inc. (“ASE”), won by presenting interior design graphics and completing a three-dimensional model room according to the design graphics.

As a result of ASE’s request to lower the price, the appellant, Star Wang Co. however, not completing the contract and construction work; and then the appellee, Chen Jun-fu, turned to the appellee, Sin-Lyu-Jhu International Enterprise Co., Ltd. (“Sin-Lyu-Jhu”) used to complete the building work.

After that, Star Wang Co., found that the interior design structure and configuration of the completed foreign labor dormitory is remarkably similar to its interior design graphics and three-dimensional model room; therefore claimed that the appellant, Chen Jun-fu and his wife, Lin Bi-jiao, Sin-Lyu-Jhu and ASE jointly infringed the copyright of his “graphic works” (interior design graphics) and “architectural works” (three-dimensional) has model room).

The Intellectual Property Court, the first hearing, in judgment No. Min-Zhu-Su-Zi-124 delivered in 2020 found that the interior design graphics of the residence and the three-dimensional model room were not “architectural works” and were dismissed. Star Wang Co. ‘s demands. Star Wang Co. then made up the appeal.

The Intellectual Property and Commercial Court, the second trial, in judgment No. Min-Zhu-Shang-Zi-23 delivered in 2022 reversed the case and held that “architectural works” refers to architectural designs embodied in any tangible media and the elements of space arrangement, configuration and design; therefore, the scope of protection of architectural works is not limited to the exterior of the building, but includes the interior and exterior of the building. Moreover, the so-called “interior design” refers to decorative objects inside a building that are an attachment to the building and are part of the building; consequently, “interior design” should be considered “architectural works” and protected by the Copyright Act.

The “three-dimensional model room” built by the appellant, Star Wang Co., is the tangible expression of the interior design that meets the minimal requirement of creativity and has originality; thus it should enjoy the protection as “architectural works”.

The dormitory completed by the appellant, Sin-Lyu-Jhu, is almost identical to the model room completed by the appellant, Star Wang Co. is completed, which is a kind of “direct reproduction”; that is, a “three-dimensional to three-dimensional” reproduction that constitutes the “reproducing” activity prescribed in the preceding paragraph of Article 3, Paragraph 1, Subparagraph 5 of the Copyright Act.

Grant the above, although the appellee, Chen Jun-fu, did not provide the disputed model room to the appellee, Sin-Lyu-Jhu, for his reference; nevertheless instructed Sin-Lyu-Jhu together with the appellee, ASE, to customize the dormitory room without informing ASE that he had no right to use the interior design of the model room. The behavior obviously violates Star Wang Co. ‘s copyright on the “model room”.

As for the appellee, Lin Bi-jiao, Chen Jun-fu’s wife, who did not actually participate in the operation of the firm, nor did she participate in the construction of the dormitory room; the appellant, Sin-Lyu-Jhu, had no contact with the disputed model room, but followed the instructions of ASE and Chen Jun-fu; in addition, there is no way to determine that ASE knew from the beginning that the copyright of the disputed model room belonged to the appellant, Star Wang Co., so the appellant Lin Bi-jiao, Sin-Lyu-Jhu and ASE does not infringe the copyright of the appellant as a result of an intentional act or negligence and is not liable for infringement.

No appeal is filed and the verdict is final.

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source https://artmusem.com/cbmiu2h0dhbzoi8vd3d3lmxleg9sb2d5lmnvbs9sawjyyxj5l2rldgfpbc5hc3b4p2c9njg1mja5otutmzywyy00zji0lwfimtmtntm1otm2zta4ytk20geaoc5/

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