It’s been six months since the Japanese government axed Zaha Hadid’s 2020 Olympic Stadium, and now, The Telegraph reports, the Japan Sport Council is refusing to pay her for it.
The withheld payment has to do with copyrights over Hadid’s design. The Japan Sports Council wants them, and Hadid is refusing the hand them over. If she did, it would give the JSC license to use any element of her design, without any additional payment. It’s a confounding request, especially in light of the JSC’s very recent (and very public) decision to name Kengo Kuma as the stadium’s new architect.
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The stadium project has been mired in trouble from the start. In 2013, Japanese designers made noise by calling Hadid’s design too large, and even started a petition to halt construction. In 2014, Hadid and the JSC struggled to maintain a budget, and the cost of the stadium ballooned to a reported $2 billion. This summer, Tokyo killed it. In October, Hadid requested payment. In reply, the JSC sent documents, with the new copyright stipulations, to Hadid’s office.
After the JSC chose Kuma and his design for the stadium, in December, Hadid’s firm issued a statement that mentions the “remarkable similarities of our original detailed stadium layout and our seating bowl configuration with those of the design announced today.” The timing of the different events—the JSC’s request to hand over copyrights in the fall, followed by Hadid’s accusations about copycatting in December—would suggest that Hadid and her team believe Tokyo to be using her design, under the guise of a new architect. Kuma, of course, has denied the accusation.
Unfortunately for Hadid’s case, lots of stadiums are bowl-shaped, and that’s a building typology that you can’t protect under copyright. We recently spent some time unpacking the ins and outs of copyrighting architecture in this article, but cases such as this often boil down to a “total look and feel test,” in which a judge looks at two designs and asks, “do these things look substantially similar?” It’s a flimsy rule, and if you look at Hadid’s design and Kuma’s, it doesn’t look so good for the former.
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