Ninth Circuit Court Rules Movable Sculptures Eligible for Copyright Protection in Landmark Case

The Ninth Circuit panel has breathed new life into a copyright infringement suit by a toy company against the fashion retailer Aritzia. The ruling focuses on the movable “kinetic” sculptures displayed in Aritzia’s storefronts, which the toy company claims are protected by copyright. The pivotal legal question was whether these sculptures meet the legal requirement of being “fixed” in a tangible medium, even though they can be manipulated. The court decided in favor of the toy company, dismissing Aritzia’s argument that the movable nature of the sculptures disqualifies them from copyright protection. The judges emphasized that the ability to manipulate the sculptures does not preclude their copyright eligibility. The decision could have significant implications for artistic works that are not permanently fixed. For further details regarding the court’s rationale, please refer to the original article on Law360.