Barney the purple dinosaur may sing about how much he loves you, but his corporate masters don’t care much for Stuart Frankel.

Lyons Partnership sent four threatening letters to a New York musicologist and computer repair technician who created a parody website that suggests Barney’s affable public persona masks a secret double life. An image on the site depicts what the cute and cuddly Barney might look like offstage — with horns, sharp teeth, a pentagram and the devilish number 666 emblazoned on his chest.

Lyons last week dropped its claims against Frankel after he fought back with the help of the Electronic Frontier Foundation. The technology advocacy group assisted Frankel in filing a lawsuit accusing Barney’s creators of using its copyrights and trademarks to curb free speech.

“It’s not much, but it’s mine. They’re acting like bullies. They’re doing this to other people, I’m sure,” Frankel said. “I just wanted to call them on it.”

Legal experts say the case is an example of a growing assault on fair use rights. Fair use is the legal doctrine that allows copyrighted work to be used as part of a parody — so long as it’s used for noncommercial purposes, its use is limited to conjuring up the subject of the satire and it doesn’t replace the market for the original.

An out-of-court settlement was reached Nov. 21. Under the terms of the agreement, Lyons agreed to pay Frankel $5,000 and promised not to sue or make threats against Frankel or his Internet service provider.

I think we all realize the importance and priority of “big” issues now that there is an opportunity to fight for positive change in the new Congress, next year. And, yes, we all realize the crowd in DC is still overwhelmingly professional politicians — with every negative that implies.

Still — the whole range of issues shoved aside by Washington’s corporate culture in recent years can be returned to the table. The time is at hand to escalate the fight to return Fair Use to the American public.



  1. Chris Grrr says:

    Thank you, John. Many big issues, and yet important “small” ones too. Negativland’s experiences are worth reading for anyone who is unaware of the pre-DMCA fight…

  2. spsffan says:

    I always thought Barney was rather Satanic as is, but that’s me.

    As to the ruling and settlement, Hurray for our side! It is about time some common sense prevailed.

    Now, has anyone heard from Mickey Rat ?

    Dave

  3. ECA says:

    I think I started watching Barney 1 time…
    And I SWORE never to watch again..
    This candy coated realism is going to get someone Hurt. THINKING that the world is so Pure and clean, and that everyone is Nice… Is really letting someone in for a REAL let down of how LIFE really is.

  4. joshua says:

    Sorry Ed, but your living in a dream world if you think that the Democrats control of Congress is going to change that culture. I put up a link in here right after or just before the election, showing who was blocking or sponsoring what when it comes to music copyright and other copyright issues. A lot of that block is Democrat, and hardly any of the new members have an interest in the subjects. And the Republicans who lost weren’t the ones helping to block any reform, instead, several who lost were on the side of reform.

    It just says what I always say….both parties suck….badly.

  5. ECA says:

    Its my contention that THEY, candy coat everythiung and lie all the time. Both parties.
    What happened to electing intelligent persons?
    what happened to the stipend system(look it up).

    i would LIKE…Each state to elect someone to run…NOT these 2 parties deciding WHOM runs as puppet of the month(yes 4 years).
    THEN group them to into 5 groups of 10 states each, and then select those 5 to RUN.

    then lets have fun with the electoriate…
    2 per state…ANY split of 30% or more and you SPLIT the vote for each state…70/30, 60/40, 50/50 is a SPLIT vote. If someone gets more then 70% he gets BOTH votes.

    But,
    BARNEY should be SHOT and hung in public display.
    Im sorry, Im a realist, and this Show is worse then any nightmare or DRUG, I can think of.. I want to raise my child to understand Life. Not wonder up to some strange person and end up in a ditch.


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