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   Author  Topic: stautue of limitations?  (Read 527 times)
linda joyce
stautue of limitations?
« on: Jan 16th, 2004, 7:59am »
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i copywrited an intellectual property and presented it to matell, my property had my creations of 6 characters in the property.
come to find out recentlyy that mattell used one of my characters that i showed them to make an enchanted seasons barbie doll...(the presentation was in summer of 1993, they came out with the plagiarism of my charcter in their enchanted seasons doll in fall of 1994..
i just discovered their enchanted seasons babribe doll while shopping on EBAY,,,,,the doll is a dead knock off of the charcter i showed them at a presentation to them in summer of 1993.
is there a staute of limitations of my legal actions to mattell?
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eric stasik
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Re: stautue of limitations?
« Reply #1 on: Jan 16th, 2004, 8:15am »
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Dear Ms. Joyce
Works Originally Created on or after January 1, 1978
A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.
Enforcement is complicated. Don't try it on your own. Contact a copyright attorney.  
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eric stasik

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M. Arthur Auslander
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Re: stautue of limitations?
« Reply #2 on: Jan 17th, 2004, 7:34am »
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Dear Linda Joyce,
The copyright law protects, mostly the image of what you have created, NOT the concept. Patent comes closest to that, with limits too.
From what you have posted, even if there was a similarity, the odds are big that whatever Mattell did is not an infringement. If you had a presigned agreement with regard to disclosure and concept, then there may be a question.
You are in big trouble anyway. If your rights have been violated, you likely cannot recover unless you sue, if Mattell won't pay. I doubt if you can find a lawyer that would sue for you on a contingency, even if your rights have been violated. It is a tough life.
« Last Edit: Jan 22nd, 2004, 9:50am by M. Arthur Auslander » IP Logged

M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law
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