And then THIS happened

October 9, 2015

Dear Mattel.

Please refresh my knowledge of international law. How am I breaking your copyright by posting IRL (let me spare you from googling this => “in REAL life”) images my friend Giancarlo took of a doll HE BOUGHT with his own money?! The moment someone BUYS something, that something belongs to him/her, right? The doll is HIS property. Not yours anymore. The doll was FOR SALE in a shop in Italy. If you have some problems with your distribution department and that doll should not have ended up for sale it’s not our fault! Deal with your people and stop harassing me and my friend.

moschino facebook

I’m so sorry that you think that bullying your collectors and bloggers is the normal thing to do. I don’t post on this blog because it brings me millions and billions of dollars. I post because I love the Barbie brand but it looks like you don’t. For you it’s just business and lawyers. Somewhere on your path your forgot why we are all collecting the dolls.

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  • Reply Christian October 9, 2015 at 10:42 pm

    Wow- I can’t believe they are making this an issue- so apparently once u buy a product, it still belongs to Mattel? U r right- someone over there needs a legal refresher course . But I agree with u- have always thought that blogs like its serve as a free source of advertising for companies like Mattel- it’s akin to wearing a shirt or hat with a logo. It informs the wider population of new products to get excited about and budget for- like the whole Toki Doki incident. Without being informed prior, there would have been no way I would have been able to get one . Ur site is informative and makes me look forward to new products much like the previews that used to be on Barbie Collector but are now extinct. Along with legal tutorials, they also need a refresher course in marketing- what better way to get ur product out there than to utilize blogs, etcetera ? Especially when Barbie has so much competition – Bratz, Monster High, Ever After High and now DC girls …she can use the boost wherever and whenever possible ?
    As a collector , incidents like this make me upset and a little sorry to be a collector ?

  • Reply Sandra October 9, 2015 at 11:27 pm

    Very sad, very sad indeed Ada. All you do is promote Barbie and then this.

  • Reply James October 9, 2015 at 11:46 pm

    Wow. If this is the way Mattel treats its customers, no wonder they’re in trouble. For Barbie’s sake, I certainly hope they mend their ways and treat people with more respect in the future.

  • Reply Havilland Parker (@HavParker) October 10, 2015 at 1:21 am

    So disapointing.

  • Reply Terri Gold October 10, 2015 at 1:34 am

    How do you know that the complaint to Facebook was made by Mattel? Could it have been Moschino?

    • Reply Ada October 10, 2015 at 9:01 am

      Terri, I have other screenshots and also I was contacted by email on behalf of Mattel.

  • Reply anderson October 10, 2015 at 3:26 am

    Well, I have no idea what the legal basis is for asking the picture to be taken down, but it does sound weird. Maybe Facebook just automatically take down anything that’s reported – “better safe than sorry”? You should be able to challenge their decision.

  • Reply Darlene D. Troy October 10, 2015 at 1:45 pm

    Although this is obviously completely ridiculous (guess all those know-it-all “new kids” at Mattel haven’t heard about “pink anger”), Mattel owns the copyright on that doll, so they can argue that the photo is a “derivative work” that infringes on their copyright. (It really does work that way.)

  • Reply Brenova October 10, 2015 at 2:47 pm

    So let me get this right… dolls AREN’T my dolls after I PURCHASE them and Mattel has the right to tell me not to post a picture of them???? Oh *hail* no! Like it was commented earlier….WE BLOGGERS AND COLLECTORS GIVE FREE ADVERTISEMENT!!!!!! I think Mattel owes you an apology.

  • Reply Ada October 10, 2015 at 3:37 pm

    Darlene, that’s just crazy! oO But I do believe you when you say they are capable to go agains me with such an idiotic idea. Well… Their loss. But I don’t think they even care. They don’t care about their independent retailers (just look at what happened with Angelic Dreamz and Doll Attic) and neither do they care about their bloggers. To them we are just suckers that promote their dolls for free. Sad, sad, sad.

  • Reply Dara October 10, 2015 at 7:33 pm

    GEE where would we be without Terri’s input ? (yawn) lol
    Anyhow this is all just BS how it got pulled down.

  • Reply notmy division October 11, 2015 at 8:18 pm

    So, is this why on US reality tv, t-shirts and paintings and even toothpaste are blurred?! I always felt that was weird… Last I checked, you CAN use thumbnails or parts (not whole) of copyrighted works on published media… yes, even photos you had not taken yourself, as long as your version is smaller or cropped. Time to move blogs on domains hosted outside US, as well as ditching facebook, right?

  • Reply asako October 12, 2015 at 9:47 am

    So..what if i made a dress for one of my Barbie dolls and posted it on facebook, are they going to remove my post? Maybe i should crop the picture for not showing the Barbie face..

  • Reply selena October 14, 2015 at 5:30 am

    Mattel has ruined the fun of Barbie Collecting, thats why so many people have sold their collections and moved on…Mattel is lacking business sense,and too stupid to realize they are biting the hands that feed them!Did they fire all the right people and hire dumb asses???

  • Reply EGBDF October 18, 2015 at 8:58 pm

    That’s why I have 0 loyalty towards Mattel and I don’t understand why they have dedicated collectors. I am certain there are people working there, giving it their best and fighting to bring us the best fashion dolls for which I am grateful, but it’s still a big corporation. I really dislike their bullying bloggers and rival companies.

  • Reply Marco November 3, 2015 at 4:42 pm

    If the Moschino doll will debut on November the 9, how your Italian friend still had the doll in October?
    I’m Italian too and I didn’t find the doll anywhere.

  • Reply Dolldiva67 December 6, 2015 at 2:28 pm

    Hey guys! I’m a doll collector and a UK copyright lawyer so I thought I’d add my thoughts on this – this is based on UK copyright law but should be similar in quite a few other territories (especially EU) and it would be interesting to hear for a US lawyer ? IF you had used a Mattel stock or publicity image then you should credit them and include the © symbol as the owner of the image but you CAN use the image if you do that under the ‘fair use’ for ‘criticism and review’ exception to UK copyright law if you are commenting on or reviewing a doll eg it is better not to simply re-post an image but at least add some comment or even something as basic as “New Moschino/Tokidoki Barbie, what do you think?”. If it is your own photo YOU own the copyright in that photo BUT you have taken a picture of someone else’s creation which, in the case of a doll, has a bundle of rights associated with it (eg. trademark in the brand/logo, design rights in the face mould copyright in the artwork etc). Again, credit the source and, under fair dealing, you should be fine. I totally agree with all the commentators here that Mattel/their lawyers have been utterly farcical in this action as well as, as far as I can tell, incorrect for a legal POV. And this action is offensive to the many expert bloggers out there like yourself who give them lots of wonderful free marketing. Sadly these silly things happen in large organisations that are not very joined up in their thinking. This kind of action does rather put you off a brand – are Integrity Toys any better? I have just started collecting IT dolls and they do seem to have a closer connection with their clients, from what I can tell (conventions etc.). Happy doll collecting all !! ??? (Dolldiva67 on Flickr)

    • Reply Ada December 6, 2015 at 7:18 pm

      Thank you so much for your explanation. I wish Mattel and it’s lawyers would explain things to me and other blogegrs just like you did.

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