A MODERN LOVE STORY:  Barbie,

A MODERN LOVE STORY:  Barbie, A Copyright Attorney and A Blender

It is a tale for our age:  throw together a fair haired maiden (Barbie) and a mischievious ner'do-well (a copyright attorney), give them a blender, microwave, and a set of surgical steel knives and what do you get -- a love story of epic proportions (or perhaps just a barbie/copyright attorney smoothie).

Artist Tom Forsythe's recent legal victory over Mattel is an interesting clash of pop culture/artistic freedom meets a well known and idealized commodity.  For those who don't follow pop-culture, Forsythe took photographs of Barbie (which can be found here, on the Illegal Art website) , in which, according to the Court, "Barbie is about to be destroyed or harmed by domestic life in the form of kitchen appliances, yet continues displaying her well known smile, disturbingly oblivious to her predicament."

The Ninth Circuit held that the artistic expression (i.e. Barbie smoothie) was fair use of the copyrighted Barbie image as well as fair use of the Barbie trademarks. "Allowing Forsythe?s use serves the aims of the Copyright Act by encouraging the very creativity and criticism that the Act protects.

Another interesting post on this topic can be found at Wendy's blog -- Barbie Enchiladas on the House.

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<date name="when" value="Sat, 17 Jan 2004 18:32:34 GMT