Schwarzenegger is justifiably possessive of his image. As his
lawyer, Martin D Singer said in a letter to Todd and Toby Bosley,
owners of Ohio Discount Merchandise, "The market value of Mr
Schwarzenegger's name, photograph and likeness for commercial
purposes is worth millions of dollars".
Ohio Discount was warned to stop selling the doll and to make a
"substantial payment" in compensation to Mr Schwarzenegger's
production company, which owns the publicity rights in his image.
Ohio Discount countered that the image represented political
commentary and that its use was therefore lawful.
However, a settlement, revealed this week by The Smoking Gun,
allows Ohio Discount to continue selling the doll – subject to
redesign. It appears that Arnold is content with a bobblehead doll,
but not with the gun. So the gun will be dropped from the new
version, and part of the sale proceeds will be given to his "Arnold
All Stars" charity.
The case represents the latest in a string over image rights
that have hit the headlines.
In December, Mattel, guardian of Barbie, lost its legal battle
with an artist who published a series of photographs showing the
popular plastic doll in compromising positions, when an appeals
court deemed the works a parody or satire that could not be blocked
by trade mark laws.
A similar argument is being put forward in defence of animators
at JibJab, a site that was threatened by the copyright owner of the
song "This Is Your Land", made famous by folk singer Woody Guthrie.
The tune is used (with amended words) in JibJab's satirical cartoon
of President Bush and Senator John Kerry. JibJab's lawyers
pre-empted a lawsuit by filing suit for a court declaration that
they are making fair use of the tune, as permitted by copyright
law.
