건축물 축소 모형의 저작권 보호 판단 기준

This paper examines whether the actual model of buildings can be protected by copyright, and, when protected, whether it is protected as architectural, graphic, sculptural and applied art works. Recently, whereas the district court held that the actual model cannot by protected by copyright, the appellate court reversed, holding that it can be protected. Whether the design of useful articles is protected by copyright is related to the principle of functionality and separability. This paper attempts to examine the protectability of the actual model based on discussion in the United States about pictorial, graphic, and sculptural works, paintings, graphics, and sculptural works, functional works, architectural works, and separability doctrine. This paper deals with physical and conceptual separability as standards the for protection of pictorial, graphic, and sculptural works. Recently, the US Supreme Court held physical-conceptual distinction is unnecessary. While the actual model may be architectural works or pictorial, graphic, and sculptural works, this paper concludes it may be protected as a sculptural work. US Copyright Office also explains that a model of an architectural work generally is protectable if it includes a substantial amount of original authorship and if it contains some original differences from the object depicted. While the model of buildings may be protected just the same as sculptural works if it contains originality, this paper suggests that idea and expression dichotomy, merger doctrine, or scènes à faire doctrine be applied when determining originality.