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Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike "fair dealing" rights that exist in most countries that were part of the British Empire in the 20th century, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
Barbie is a fashion doll created by American businesswoman Ruth Handler, manufactured by American toy company Mattel and launched in 1959. The toy is the figurehead of the Barbie brand that includes a range of fashion dolls and accessories. Barbie has been an important part of the toy fashion doll market for over six decades. Mattel has sold over a billion Barbie dolls, making it the company's largest and most profitable line. The brand has expanded into a multimedia franchise since the late 1980s, including video games, computer-animated films, and a live-action film.
Bratz is an American fashion doll and media franchise created by former Mattel employee Carter Bryant for MGA Entertainment, which debuted in 2001.
Software copyright is the application of copyright in law to machine-readable software. While many of the legal principles and policy debates concerning software copyright have close parallels in other domains of copyright law, there are a number of distinctive issues that arise with software. This article primarily focuses on topics particular to software.
Copyright misuse is an equitable defence to copyright infringement in the United States based upon the doctrine of unclean hands. The misuse doctrine provides that the copyright holder engaged in abusive or improper conduct in exploiting or enforcing the copyright will be precluded from enforcing his rights against the infringer. Copyright misuse is often comparable to and draws from the older and more established doctrine of patent misuse, which bars a patentee from obtaining relief for infringement when he extends his patent rights beyond the limited monopoly conferred by the law.
Universal City Studios, Inc. v. Corley, 273 F.3d 429, was a court ruling at the United States Court of Appeals for the Second Circuit. The ruling was the first significant test of the anti-circumvention provisions of the Digital Millennium Copyright Act.
The Barbie Liberation Organization, or BLO, are a group of artists and activists involved in culture jamming. Self described as "an underground network of creative activists," the group gained notoriety in 1993 after switching voice boxes in talking G.I. Joes and Barbie dolls. They resurfaced in August 2023, claiming to be the toy giant Mattel in order to announce a new collection of MyCeliaBarbie EcoWarrior Edition compostable dolls, and a corporate wide move to plastic free toy production. The group is currently active.
Mattel Inc v 3894207 Canada Inc[2006] 1 S.C.R. 772, 2006 SCC 22 is a leading decision of the Supreme Court of Canada on the infringement of famous trade-mark names. The Court found that Mattel Inc. could not enforce the use of their trade-marked name "BARBIE" against a restaurant named "Barbie's".
My Scene is an American series of fashion dolls that Mattel released in 2002. They were discontinued in the US in 2008, and worldwide in 2011. Mattel's Barbie character is one of the dolls in the toy line. The My Scene dolls' bodies are slim, similar to earlier Barbie dolls, but their heads are larger. The New York Times described their features as "exaggerated lips and bulging, makeup-caked eyes." My Scene were designed to appeal to the tween market and compete with the Bratz dolls from MGA Entertainment.
Fanfiction has encountered problems with intellectual property law due to usage of copyrighted characters without the original creator or copyright owner's consent.
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use test, and is generally critical for determining whether a use is in fact fair, although no one factor is dispositive.
Carter Bryant is an American toy designer, artist, and inventor. He is best known for inventing the Bratz fashion doll and his previous work as a Barbie product designer for Mattel.
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work. The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.
Sega Enterprises Ltd. v. Accolade, Inc., 977 F.2d 1510, is a case in which the United States Court of Appeals for the Ninth Circuit applied American intellectual property law to the reverse engineering of computer software. Stemming from the publishing of several Sega Genesis games by video game publisher Accolade, which had disassembled Genesis software in order to publish games without being licensed by Sega, the case involved several overlapping issues, including the scope of copyright, permissible uses for trademarks, and the scope of the fair use doctrine for computer code.
Mattel v. MCA Records, 296 F.3d 894, was a series of lawsuits between Mattel and MCA Records that resulted from the 1997 hit single "Barbie Girl" by Danish-Norwegian group Aqua. The case was ultimately dismissed.
Under Canadian trade-mark law, "confusion" is where a trade-mark is similar enough to another trade-mark to cause consumers to equate them. Likelihood of confusion plays a central role in trade-mark registration, infringement and passing-off. Whether a trade-mark or trade-name is confusing is a question of fact. The role of confusion in trade-mark law is analogous to the role of substantial infringement in patent law.
Salinger v. Random House, Inc., 811 F.2d 90 is a United States case on the application of copyright law to unpublished works. In a case about author J. D. Salinger's unpublished letters, the Second Circuit held that the right of an author to control the way in which their work was first published took priority over the right of others to publish extracts or close paraphrases of the work under "fair use". In the case of unpublished letters, the decision was seen as favoring the individual's right to privacy over the public right to information. However, in response to concerns about the implications of this case on scholarship, Congress amended the Copyright Act in 1992 to explicitly allow for fair use in copying unpublished works, adding to 17 U.S.C. 107 the line, "The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
Paraphrasing of copyrighted material may, under certain circumstances, constitute copyright infringement. In most countries that have national copyright laws, copyright applies to the original expression in a work rather than to the meanings or ideas being expressed. Whether a paraphrase is an infringement of expression, or a permissible restatement of an idea, is not a binary question but a matter of degree. Copyright law in common law countries tries to avoid theoretical discussion of the nature of ideas and expression such as this, taking a more pragmatic view of what is called the idea/expression dichotomy. The acceptable degree of difference between a prior work and a paraphrase depends on a variety of factors and ultimately depends on the judgement of the court in each individual case.
Mattel Inc. v. Walking Mountain Productions, 353 F.3d 792, was a case between Mattel and Tom Forsythe in which Mattel sued Forsythe for the production and sale of photographs portraying "Barbie" dolls. Mattel alleged that Forsythe's use of Barbie's name and likeness in his "Food Chain Barbie" photo series infringed on their copyrights, trademarks, and trade dress. The court held that Mattel's trademark and trade dress claims were "groundless or unreasonable" and therefore ordered Mattel to pay 1.8 million dollars in legal fees to Forsythe under the Lanham Act.
References
- 1 2 Steiner, Christine (7 January 2004). "'Lawsuit Barbie' Fails for Mattel". Los Angeles Times. Retrieved 1 February 2014.
- 1 2 3 4 Staff, NCAC (2004-08-10). "Food Chain Barbie & the Fight for Free Speech". National Coalition Against Censorship. Retrieved 2021-03-23.
- ↑ Mattel Inc. v. Walking Mountain Productions(US Court of Appeals for the Ninth Circuit2003-12-29). Text
- 1 2 3 Werde, Bill (June 28, 2004). "Barbie's Manufacturer Is Ordered to Pay $1.8 Million in Legal Fees to Artist". The New York Times. Archived from the original on 17 February 2022.
- ↑ Campbell v. Acuff-Rose Music, Inc. , 510 U.S. 569 (1994).
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