Comments on: Barbie vs. Bratz

By: Crazy ClickbankCash

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By: kswartz

kswartz — Wed, 05 May 2010 14:57:12 +0000

This is a perfect instance of when one creative product leads to the creation of another, which is not exactly promoting “the progress of science and useful arts,” but does make some kids happy somewhere. I feel like stuff like this happens all the time in business without resulting in lawsuits. I agree with the previous comment that this seems more like a matter of contract law than copyright law. But it’s weird that this is just coming up now since Bratz has been out for a while. Don’t they have a movie too?

By: atr257

atr257 — Mon, 03 May 2010 16:37:41 +0000

I think this is more a matter of contract law as opposed to copyright law, but they do overlap in this instance. I’m not sure how severe the penalty would be, but I think this is becoming a problem in which executives who have all the power can enforce contracts which employees must sign, prohibiting workers to embark on their own business ventures. In my final paper which examined some of the contracts that chefs have their employees sign to not disclose or use methods they learn in the kitchen is similar. However, the main difference would be that recipes are not copyrightable whereas these doll designs probably would. So I think, like you say, it is only a crime against “fair-play” (I haven’t heard of that term before, but it sounds similar to fair-use and maybe something that has to be examined in connection with the law,) and not infringement of a copyright. I think it is just a lesson to be weary of everything you sign and make sure contracts expire before you try to come up with something on you own. I would be curious what Evan would think about this.