How are movies based on toys a good idea?

Well those that have been following my posts know that I have been calling feature length films that are based on entertainment properties like Spiderman, X-Men, Men In Black, Hellboy, etc…  ninety minute commercials for the toys.  Most in the know would agree but Mattel’s move into transmedia, specifically films and a possible television series to promote a new line of toys it is developing confirms everything I have been saying.  I mean it was obvious after Transformers and G.I. Joe came out.

The toy company’s latest project,  according to Playthings Magaziine and the New Yorker, is about “…an alien civilization that’s been living in the depths of Earth’s oceans.” The article added that the Mattel executives decided that this idea had the most inherent “transmedia” options, which is the current buzzword for the potential to spiral off into every possible product that people will pay to play with, see, hear, or eat.”

I think the executives of the film and toy industries are blurring the edges, if not overlapping product placement and/or substituting quality of subject with whatever sells the damn stuff.  The challenge will be for the screenwriters to take a basic concept or 2 dimensional character and flesh it out so that it entertains.  Some Marvel, Darkhorse and DC franchises have been successful but can a Toy company make the grade?  Time will tell.

I will check out this project just out of curiosity but they better get it right the first time because there most likely won’t be a second chance to take my money.  Especially when I am trying to compete with the big boys.

I am sure those that appreciate and love cinema believe the merging of toy-and-screen will be the death of film, but licensing and merchandising professionals are cheering and believe it’s the next logical move for Hollywood.  The Toy industry could benefit big time if this is successful… after James Cameron’s AVATAR… anything goes!!

The staff of Playthings, announced that the Los Angeles appeals court stayed a pending court-ordered recall of MGA Entertainment’s BRATZ dolls.  This allows the doll’s to continue to be sold.

Chief Judge Alex Kozinski and Circuit Judges Stephen S. Trott and Kim McLane Wardlaw of the US Court of Appeals for the Ninth Circuit filed the stay Wednesday following an appellate hearing on the case earlier in the day.

“The Court’s stay is good news for all Bratz fans and for anyone who cares about fair competition,” said Isaac Larian, CEO of MGA Entertainment. “It keeps Bratz on the shelves, allows MGA Entertainment to continue meeting consumer demand for new Bratz products, and prevents Mattel from taking control of the billion-dollar international Bratz brand built by MGA Entertainment while the Court makes its final decision. We are gratified by the Court’s decision and look forward to receiving the Court’s decision on our appeal.”

The judges would see MGA and Mattel to attempt to settle the dispute over Bratz’s future through “expedited participation in this court’s mediation program.”

Last year, a court ruled that Bratz’ creator, Carter Bryant, had been under contract to Mattel when he designed the initial concept and hence granted Bratz rights to Mattel. MGA was subsequently ordered by U.S. District Judge Stephen Larson to stop selling Bratz dolls at the end of 2009 and transfer all related material to Mattel.

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I find it interesting that even though the rights to the BRATZ doll line are now the owned by Mattel, MGA still gets to sell their version of the brand throughout another Christmas season.  As we all know, ‘It’s all about the money and using the court system to make more money.’

For those in the know on this mixed up license scenario, the key is to ensure the license and ownership terms are clear and identified in the contract between the Licensor and the Licensee.  See my Clause-by-Clause breakdown of a complete Licensing Agreement to ensure your brand does not end up with a similar fate.  Scroll down…

Cheers!

Sandford Tuey

info@Playdigm.com

I thank Playthings Magazine for the educational use of the copyrighted article above my personal remarks.

Bratz in Federal Receivership

MGA Entertainment’s Bratz business was forced into receivership because a  court ruling upheld last year’s $100 million jury verdict against MGA.   Who owns the rights to the doll franchise?

U.S. District Judge Stephen Larson directed the government to decide who and how Bratz dolls will be sold. Larson ordered MGA to stop its sales of Bratz dolls by the end of 2009.  MGA will most likely appeal the ruling.

This four year court ordeal could have been prevented by MGA by first ensuring that Bratz copyright designer Carter Bryant actually owned the rights prior to manufacturing any Bratz products.  The creator of the Bratz brand  and characters was an employee of Mattel at the time and if he signed a Work-For-Hire agreement with the world’s largest toy company, then clearly Mattel owns this intellectual property.

If MGA would have purchased the Bratz rights properly by first establishing that Bryant actually owned the copyright, then this would not be the $100 million dollar mess it has turned into.  The jury awarded Mattel $90 million for breach of contract and $10 million for copyright infringement.

The lesson here for creators of copyright and brands is to protect yourself and what you create first, then make sure any contracts you sign allow for you to continue to design whatever you like without the company you work for automatically owning it.

Read every contract prior to signing and seek legal counsel to ensure it says what you think it says.

My personal opinion is that companies should not own something you invented at 2am while at home, especially if it has nothing to do with what you are working on at work.  I mean, do they own your brain for $20 per hour?  I don’t believe that is fair, so keep an eye on the small print…

Sandford Tuey

Dora the Explorer is a fantastic educational brand that children and parents love.  This half-hour television program helps teach basic comprehension of map reading and how to plan trips and solve mysteries.

The original rendition of Dora was a two dimensional bi-lingual (Spanish/English) cartoon character that went on adventures from one place to another.  Her friendly way of helping young viewers learn how to reach their destinations was the main part of her success.

Mattel recently updated the look of Dora for the tweenage market.  She now has longer hair with highlights and eye lashes, wears lip gloss and more revealing outfits and earrings.  I don’t think this is an improvement for the young market the show was originally intended to be seen by but I understand the reasons they did this.  Hopefully they will keep the earlier version of the show running for the younger viewers who are not yet 5.

The new Dora needed to appeal to the fanbase that initiated the success of this brand and because they are growing older (many in their tweens now), she needed to grow with her audience.  However, will her new look and big city location leave new young viewers behind. Time will tell.

I also understand why some parents became upset when Mattel gave Dora a makeover.  The cute big-eyed semi-football shaped headed, moderately dressed explorer was replaced by a more shapely and sexual girl.  I am sure this is to fit into Mattel’s idea of what female dolls are supposed to look like and the image their marketing department’s research decided will enhance sales.

Corporate licensees for this brand will introduce a whole new look for Dora that girls five years and up will want to emulate. These products featuring fashion dolls and a plethora of accessories, tying into the internet, is a new brand extension that may take away from the teaching aspects of the show to focus on maximizing profit from this innocent character.  Hopefully Dora’s updated old friends and any new friends soon to be introduced, will continue to be innovative, diverse, wholesome, bi-lingual, entertaining and educational.

Dora the Explorer developed a strong following among preschoolers over a ten year period, becoming the number one preschool show on commercial television with an average audience of 21 million viewers.   We shall soon see if Dora is growing up too fast or will be a financial success.  With Dora fashion dolls retailing for around $59.99, it is clear why this license is being upgraded.

Let’s hope that Dora the Explorer still helps teach her fans as they extemd play to an older age group. This will allow kids to stay involved with their favorite character.  Hopefully she will not become lost in the product placement and marketing campaigns guaranteed to be pushed onto our children.

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