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Barbie as case study: copyright, trade marks, design rights, merchandising licences (exclusivity, territory, royalties), social media obligations, parody risks and termination—practical IP takeaways for film collaborations

Published on: 11 August 2023

Published by a LexisNexis IP expert

Legal News

Article summary

What IP issues are involved in making a film that is based on a well-known product like the Barbie doll?

‘Barbie’ is one of the most talked-about films of the summer. When crafting a feature based on a famous product such as the Barbie doll, a host of IP questions arises. We will return to trade mark protection and the more obvious IP categories, but the launch point for a project like Barbie is a knockout script. A production of this scale is threaded with numerous layers of IP, from the screenplay to the music script. Although Greta Gerwig’s direction has been widely highlighted, there has been less focus on her partner and co-writer, Noah Baumbach. Inevitably, there will be intricate contractual arrangements (likely several) covering authorship and ownership of the screenplay and its related copyright. Copyright also safeguards the continuing ability to use the screenplay and other copyrighted works created during filming, commonly secured by forward-looking copyright ‘options’. As a writer, you should weigh up the options you are assigning and those you are retaining, if any. And if Barbie eventually becomes a West End production, who has the...

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