1、 Case Introduction

Not long ago, the Chaoyang Court in Beijing tried a dispute over copyright infringement of architectural works. The building involved in the case is the tallest building in Beijing - Beijing CITIC Tower (also known as "China Zun"). Due to its exterior design that combines the traditional bronze ceremonial vessel "Zun" shape with modern architectural aesthetics, it has won multiple architectural awards. Beijing C Company is the owner and copyright owner of the building involved in the case. Company C found that the Baijiu bottle produced by Company A (hereinafter referred to as "Company A") was very similar to the appearance of the building involved in the case, and the advertisement of the same Baijiu was also placed around the building involved in the case. Therefore, Company C sued Baijiu manufacturer Company A and distributor Company B to the court on the grounds of copyright ownership and infringement disputes. After trial, Chaoyang Court found that Company A and Company B had infringed on Company C's copyright in the building involved in the case. The court ordered Company A and Company B to cease infringement, compensate 450000 yuan, and publicly eliminate the impact.

2、 Focus analysis

(1) Do buildings have copyright? What kind of buildings can be protected by copyright law?

According to the Copyright Law of the People's Republic of China (hereinafter referred to as the "Copyright Law"), architectural works that are original and can be expressed in a certain form are protected by the Copyright Law. In addition, the "Guidelines for the Trial of Copyright Infringement Cases by the Beijing High People's Court" point out that "original designs with aesthetic appeal on the building itself or on the exterior decoration of the building can be protected by the Copyright Law as architectural works." Specifically, in this case, although the design of the exterior of the building referred to the shape of the ancient bronze ritual vessel "Zun", it formed a unique artistic expression with aesthetic appeal that is different from the "Zun" shape in terms of overall appearance and local detail design, possessing originality and constituting an architectural work in the sense of the Copyright Law.

(2) Why does Baijiu bottle constitute infringement?

In judicial practice, "contact+substantial similarity" is the basic principle for determining whether there is infringement. 'Contact' refers to the opportunity for the accused infringer to come into contact with, learn about, or experience the copyrighted work. Substantive similarity "refers to the substantial similarity in expression between the later work and the earlier work, which creates a similar appreciation experience for the public. Specifically in this case, the building involved has been widely reported by the media as an internet celebrity landmark for many years, and Company A has every opportunity to know about the design. The wine bottle is similar to the building involved in the case in terms of design elements, structure, form and overall expression form, just like "reducing the building into a wine bottle". After comparison, the court found that the Baijiu bottle and the building involved in the case are substantially similar.

(3) Why do dealers also have to lose money?

Although Company B claims to have "no subjective intention of infringement", its behavior of placing advertisements around buildings in the case is clearly "riding on popularity". Due to its failure to fulfill its reasonable duty of care, it also needs to bear legal responsibility.

3、 Case Insights

(1) Landmark buildings cannot be easily imitated

Architectural works are protected by copyright, and unauthorized use of them for product design (such as wine bottles, handicrafts) may constitute infringement. Enterprises should be cautious and avoid using well-known buildings for free riding.

(2) The originality of a building's design is a prerequisite for being protected by copyright law

Drawing on traditional culture requires innovative transformation. Just as the building involved in this case upgraded the bronze ritual vessel "zun" shape to modern architectural language, if traditional elements are directly copied (such as completely replicating the "zun" shape), it may not be protected due to a lack of originality.

4、 Conclusion

A building is not only a city landscape, but also a smart crystallization protected by law. From "Bird's Nest" to "China Zun", judicial practice has continuously clarified that as long as the design has original beauty, whether it is a building, a picture, or a model, the law will say "no" to plagiarism.