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   Barbie in parody, rights protected?
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   Author  Topic: Barbie in parody, rights protected?  (Read 1592 times)
JSonnabend
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Re: Barbie in parody, rights protected?
« Reply #5 on: May 17th, 2006, 12:24pm »
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on May 17th, 2006, 11:47am, Wolfcastle wrote:
"Life in plastic, it's fantastic You can brush my hair, undress me everywhere Imagination, life is your creation Come on, Barbie, let's go party"
 
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/2507FB5DDCB94D7088256C00 0051F3B8/$file/9856453.pdf?openelement

That's an interesting case ("If this were a sci-fi melodrama, it might be called Speech-Zilla meets Trademark Kong.") but I think it's off-point quite a bit.  In the Mattel case you cited, the question concerned references in a song to Barbie, not the use of the image of the doll in an artistic and/or commercial work.
 
- Jeff
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Re: Barbie in parody, rights protected?
« Reply #6 on: May 17th, 2006, 12:33pm »
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I did find this article. I have no idea how accurate it is, but it seems to apply...
 
I'll have to listen to Barbie Girl!
 
thanks for the interest!!
Mo
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Re: Barbie in parody, rights protected?
« Reply #7 on: May 17th, 2006, 12:34pm »
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oops, interrupted by a phone call - forgot to attach...
  www.artistic-law.com/ci/256.html
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JSonnabend
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Re: Barbie in parody, rights protected?
« Reply #8 on: May 17th, 2006, 6:51pm »
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Depending on how one characterizes the "trophy wife" use described by the OP, it may or may not be deemed parody.  Personally, it didn't sound like the OP was commenting on the Barbie "thing", but instead using the doll merely as a prop.  If my characterization is wrong, then parody may indeed lie.
 
In any event, the cited case, Mattel, Inc. v. Walking Mountain Productions, 353 F.3d 792 (9th Cir. 2003) was decided on summary judgment for the photographer and upheld by the Court of Appeals.  At least if the OP is in the 9th Cir., he may be in good shape.
 
- Jeff
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Re: Barbie in parody, rights protected?
« Reply #9 on: May 18th, 2006, 11:35am »
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I wasn't actually thinking of a parody of Barbie originally, but trying to find a very young-looking "perfect" doll to make into a trophy (attached to a base,etc.). If a doll were painted and became a "prop" - (the only visual on the card), would that be considered original art, and release me from liability? I'll probably search for a doll with a similar "profile" (pun intended) to Barbie, but not as wildly popular. The female Disney characters - which I know to stay away from, resemble Barbie. Perhaps Mattel liscences them from Disney. Maybe I'll try to find one of those German **** dolls Barbie was fashioned after on ebay...
 
you realize this is mid-life crisis stuff and I'm also thinking about a red toy convertible.
 
thanks again,
Mo
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