Barney Barney
Thanks to BNA for putting me on the trail of the new US court action by a website operator (supported by the Electronic Frontier Foundation) against the owners of the trade marks and copyright related to Barney the dinosaur (big, pink, very popular for those of you who you don't have kids).
Concerned at complaints of infringement made in respect of websites parodying Barney, the EEF has supported this action, which relates to a non commercial website. The court papers also recite a number of other instances in which it is alleged the IP owners have behaved improperly and made threats. A declaration of non infringement is sought, on the basis of consitutional rights to freedom of expression and the fair use doctrine.
Will be interesting to see how this one progresses. As seen in Eldred, when the EEF are involved, the balance of power is at least restored. Where is the line with parody? What is the impact of free expression? What is the scope of fair use here - what do human rights arguments add? Other than the Wind Done Gone, most of the cases have been fairly pro IP owner - time for a change?
Concerned at complaints of infringement made in respect of websites parodying Barney, the EEF has supported this action, which relates to a non commercial website. The court papers also recite a number of other instances in which it is alleged the IP owners have behaved improperly and made threats. A declaration of non infringement is sought, on the basis of consitutional rights to freedom of expression and the fair use doctrine.
Will be interesting to see how this one progresses. As seen in Eldred, when the EEF are involved, the balance of power is at least restored. Where is the line with parody? What is the impact of free expression? What is the scope of fair use here - what do human rights arguments add? Other than the Wind Done Gone, most of the cases have been fairly pro IP owner - time for a change?
posted by Dr Abbe Brown at 10:56 pm
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