In a decision released December 29th , the Court of Appeals for the Ninth Circuit in San Francisco dismissed Mattel's appeal of the summary judgment of the Los Angeles federal district court regarding the creation and sale of photographs of naked Barbie dolls in provocative postures and being attacked by kitchen appliances by artist Tom Forsythe.
In finding that the defense of parody applied to the allegations of infringement of copyright , the court said :
"However one may feel about his message - whether he is wrong or right, whether his methods are powerful or banal - his photographs parody Barbie and everything Mattel's doll has come to signify . Undoubtedly, one could make similar statements through other means about society , gender roles ,
sexuality and perhaps even social class. But Barbie, and all the associations she has acquired through Mattel's impressive marketing success, conveys these messages in a particular way that is ripe for social