Against Monopoly

defending the right to innovate

Monopoly corrupts. Absolute monopoly corrupts absolutely.

Who owns the Bratz doll design? Should we care?

The quintessential stupidity of copyright law once again confronts us in the case of Barbie vs Bratz dolls (Mattel vs MGA Entertainment) link here. The fight is over who owns the Bratz doll design. It was designed by Carter Bryant. If he did the work on it while he worked for Mattel, it owns the copyright under the terms of his employment contract. If he did it while working for MGA between work stints with Mattel, MGA owns it. The lawyers have made it more complicated than that, which should keep the jurors scratching their heads.

The evidence the contending sides present is contradictory. But is it relevant? Where in this case, is the justification for intellectual property that it fosters innovation?

Why do we have this kind of case?

[Posted at 05/28/2008 02:22 PM by John Bennett on IP as a Joke comments(2)]

Comments

I wonder why this doesn't fall under design patent, instead of copyright? Could it be that the copyright term is a lot longer, and so enables a lot more rent seeking?

Someone should design a lawyer doll with a big wooden gavel in his/her fist. When you grasp him/her in your hand, he/she socks you in the arm with the gavel and says, "That'll teach you to infringe my client's copyright!"

In the meantime, boycott Mattel, now more than ever.

[Comment at 05/28/2008 06:23 PM by Bill Stepp]

Why Should We Care? Why we should care is who really owns IP, the artist or the corporation. When I first heard of this suit I had two questions; 1)Did Carter Bryant develope the doll on company time with company resources? If Yes no issue Mattel owns the IP, skip to question 2 If No Bryant owns the IP and can do anything he wants with it 2)Did Bryant present the design to Mattel who rejected it? If Yes Bryant owns the IP and can do anything he wants with it If No then Mattel owns the IP.

I have not been able to find any details of the case yet but it boils down to if you take a job with a company do they own you?

[Comment at 08/27/2008 08:02 AM by Harry Wood]