On Friday the US 9th Circuit Court of Appeals released its decision involving the copyright litigation between Mattel and MGA Entertainment over copyright in Barbie. The appeal decision held, among other things, that given the limited scope for originality involved in creating a particular genre of dolls that the many resemblances between Barbie and Bratz did not result in copying of copyright protected subject matter.
The case underlines basic principles of copyright law that copyright cannot protect ideas. In this case, copyright cannot protect the ideas behind “bratty dolls” or “dolls sporting trendy clothing”. In the words of the Court:
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