I want to use a Barbie doll in a film I'm making. Do I have to get permission from Mattel?

Question

I want to use a Barbie doll in a film I'm making. Do I have to get permission from Mattel?

Answer 1

There have been a number of lawsuits involving Barbie in recent years. One thing to learn from this is that Mattel actively polices the use of "Barbie" and your question is actually a practical concern.



Mattel sued an photographic artist who took pictures of Barbies in various poses, including, for example, in a blender. Mattel sued, and eventually lost the suit -- but part of the reason was that the purpose was to satirize Barbie. If you want to use Barbie for no reason related to Barbie that is harder. Something similar happened when Mattel sued the singers who did "Barbie Girl."

Answer 2

That's a two-part question, at least. Mattel(?) owns the copyright to Barbie Doll - but has the copyright expired? It usually runs for 50 years after the death of the original creator (probably to provide for his/her family) but the rights can be sold like any other posession. Sometimes a Design Patent applies that runs for only three years; for example if you design a hunting knife with a unique handle it is not a new invention but no one can compete for three years, and by then you may have the market tied up.



The second part is how you intend to use the Barbie Doll. If it is incidental such as on the floor among many other toys that may not be a problem. However if your Barbie Doll will be the star (say in a fantasy) you likely would need the copyright holder's permission. They likely would want to insure that Barbie is treated with respect and not abused; and that your film would help market their product. Also, is your film to be commercial or a home movie? - that would be relevant.



The above are legal-type questions and you would need a lawyer to give you valid advice before expending production costs.