The protection of Barbie’s physical characteristics falls under the scope of copyright. Unfortunately according to copyright legislation a parody is permitted. However, a parody should never unnecessarily damage the reputation of the original product or the reputation of its creator. Furthermore, a parody should never have a commercial or competitive element to it. It is therefore not allowed to make fun of the competition.
The calendar may be considered a work of art, one that protests our society and the use of sex as means of sale. Because of this contradiction a parody on Barbie could possibly be reasoned. Although the parody exception may give relief in some cases, it is a tricky business. Especially if a parody is being used by a competitor.
