Japanese artist wins TWD2 million in Kaohsiung public art copyright case

　In 2022, a plagiarism controversy broke out from the public art installation displayed in front of the building of Kaohsiung Branch, Administrative Enforcement Agency under the Ministry of Justice.  Taipei District Prosecutors Office later prosecuted the contractor, Graph Arch Design and its responsible person, TSAI Wen-Xiang (“Tsai”) on criminal charges.  Separately, Kino Satoshi, a Japanese ceramic artist, initiated a civil action with the IPC Court, claiming that Graph Arch Design reproduced his artwork accomplished in 2015, “Oroshi-typhoon” (颪（眼）) without authorization.  In the first-instance judgment, the IPC Court sustained Graph Arch Design’s and Tsai’s infringement upon Kino Satoshi’s copyrights (his rights of reproduction and attribution) and ordered that Graph Arch Design and Tsai shall severally and jointly pay TWD2 million and interest thereof in damages.  The court also mandated the destruction of the infringing public artwork.  

　Kino Satoshi stated that his artwork “Oroshi-typhoon” (颪（眼）) was exhibited and received award in Taiwan in 2016 and later published in a printed art book that remains available for purchase through Taiwanese online bookstores and other platforms, which means that Graph Arch Design and Tsai had ample opportunity to have seen and accessed the artwork.  According to Kino Satoshi, the public artwork installation in question bears an almost identical appearance, form, and structure to “Oroshi-typhoon” (颪（眼）).  That is to say, Gragh Arch Design and Tsai, without prior consent or authorization, allegedly reproduced the “Oroshi-typhoon” (颪（眼）) and indicated Tsai as the author, thereby infringing Kino Satoshi’s copyrights (rights of reproduction and attribution). 

　According to the IPC Court judgment, Kino Satoshi’s artwork “Oroshi-typhoon” (颪（眼）) possesses originality and qualifies as an artistic work protected under the Copyright Act.  Even inspired by nature, the piece, “Oroshi-typhoon” ((颪（眼）) demonstrates aesthetic uniqueness in its curves and aesthetic expression through specialized ceramic techniques.  The court also indicated that the piece had been publicly exhibited at the New Taipei City Yingge Ceramics Museum and featured in journals and magazines, which makes it accessible to the public.  It is therefore reasonable to assume that Graph Arch Design and Tsai could have seen the piece.  The piece features two interlocking semicircles with ribbon-like extensions that slope to the sides, ending in slightly twisted, asymmetrical lines, and a structure that is thinner at the front and thicker at the back.  The infringing public artwork shares these same characteristics, and thus, the court found that the two pieces bear a highly similar “overall concept and impression,” reaching the level of substantial similarity.

　As ruled by the IPC Court in its judgment, Graph Arch Design and Tsai infringed upon Kino Satoshi’s right of reproduction by submitting an unauthorized copy of his work in a public art tender.  Also, they violated Kino Satoshi’s right of attribution by attributing authorship of the infringing public artwork to Tsai.  In view of the foregoing, the court ordered that Graph Arch Design and Tsai should severally and jointly pay TWD2 million in damages plus interest calculated and accrued at a 5% annual rate from September 27, 2024 until full payment is made.  In addition, Graph Arch Design should have the infringing public artwork destroyed to remove the infringement.  (Released 2025.09.04) 
/CCS