47 But a more real problem, which is where the legislation seems really aimed, is the proliferation of electronic reproductions of courses, for video games or simulator use. “It is possible that getting protection for the physical design, it may protect the designer against it being replicated in a virtual format,” says Pearce. “With simulators, gaming and the like, golf course architects are left out in the cold,” says Richardson. Fellow architect Jason Straka outlines the reality of the issue: “I recently had a friend tell me he ‘played’ one of my courses, only to learn he had never been to the facility but had experienced it using a virtual reality device. Someone had copied the course in detail without permission from myself or the club and made it available to be played virtually. The Birdie Act that is being discussed would prevent this sort of thing from happening without approval.” I understand that many architects have clauses in their contracts around how their names may be used (trademarks) and how their designs (copyright) may be used. We first licensed our designs to ‘Sim Golf’ nearly 30 years ago. Since that time, we have had clients in other countries insist we exercise our rights to prevent poor simulations of their courses from appearing on digital platforms and we have worked with clients such as Chambers Bay (pictured above) and the USGA to help make games promoting the course and the 2015 US Open available to the public. In each one of these cases, success was defined by the owner and architect working together towards a common goal of making sure the golfer receives an authentic experience of the design. Because the copyright law, in its current form, has been unclear in court cases, it is easily misconstrued and abused. This proposed clarification should enable the architects, owners and whomever may wish to license those designs to work through the commercial process more efficiently to the benefit of all. Read more of Robert Trent Jones, Jr.’s insights into copyright for golf courses in the Summer 2024 issue of By Design magazine, from the American Society of Golf Course Architects (www.asgca.org) Protecting design Robert Trent Jones, Jr., who has been at the forefront of campaigning for copyright protection for golf design, shares some thoughts. Photo: Rob Perry BIRDIE BILL
RkJQdWJsaXNoZXIy NzQ1NTk=