In a twist of fate where a fictional, poor, backwoods family is relocated to Beverly Hills, CA after striking it rich, Donna Douglas — one of the original actors from the iconic series The Beverly Hillbillies — is suing Mattel Inc. for using her Elly May Clampett likeness without her permission. Looks like there’s going to be a “good ‘ole rasslin’ match” between Ms. Douglas and the Mattel juggernaut.
Don’t you find this ironic? While it may be a bit comical, it’s also sad in that it’s often standard practice in the corporate world.
Now, I don’t know about anyone else, but my take on this aligns with Ms. Douglas … and it’s real simple: Get permission first.
That is, of course, unless you 1) think you can get away with murder, or 2) enjoy appearing in court.
Time and again I ask permission of someone, or of some company, or of what have you, making certain it’s all right to borrow or use something that is theirs. Ask, and you shall receive. Take, and you’ll more than likely get it taken away … or worse, you’ll pay through the nose for having taken without getting the proper go ahead to do so in the first place.
Is Donna Douglas wrong? I’m of the opinion Barbie will lose this one to her. What say you?
Clacked by Michael Noble 
on May 05, 2011 @ 18:09 EST5EDT
As a hoarder … I mean collector of all things classic TV, I did buy this, um, collectible (it’s not a doll that ever leaves the box!). Mattel had a successful series of I Love Lucy collectibles that were licensed, and they also did a Jeannie and Samantha collectible a few years ago. They just put out the Elly May doll with a new Jeannie and Samantha, but these dolls are not in the actresses likenesses, but rather Barbie as the character. The question, I think (which is not one of your choices in the poll), is — does Donna Douglas have any rights (or ownership) to the character? She’s 77 now and she still parades around as Elly May (which is a little sad if you’ve seen her), but does she have the blessing of the Paul Henning estate and/or CBS? If Mattel got the licensing to the character from those entities, and the doll isn’t in Douglas’ likeness, then does she really have a case?
As for the third choice in your poll, actors typically didn’t get residual deals back when this show was popular (the Gilligan’s Island cast are well-known for telling their “we got screwed” stories — actors usually got paid up to the third rerun but nothing from the endless syndicated airings because these shows were thought of as disposable), so I would say that Douglas (or Max Baer or any other actor) has not made millions from the show.
I also checked the package for copyright info and it says ©2010 CBS Broadcasting Inc. All Rights Reserved. So, if she has a beef with anyone, it should be CBS which licensed the logo and publicity stills of Elly May to Mattel (and nowhere is Donna Douglas’ name on the box), but if CBS owns the show and all associated properties, including the characters, then I really don’t think she has a case. If she won, then I guess she could sue the producers of the movie too for including the Elly May character if she’s claiming ownership of her, no?
*POST AUTHOR*
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You can’t fool me, Chuck.
The only reason you posted that second comment is because you ran to your hoar … er … I mean … “collection” … to check out all the legal information. I know you don’t want anything contraband dirtying up your collectibles because that wouldn’t be very nice, right?
*nudge, nudge … wink, wink*
Well, I was at work when I posted the first comment so I had to check as soon as I got home. I don’t need the Feds knocking on my door!
*POST AUTHOR*
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Chuck:
I can’t honestly say one way or another whether or not Douglas has any rights or ownership to the character. It states in the article there is “a photo of Donna Douglas portraying the character” and, if that’s the case, there may be gray area there. Of the images I’ve seen of the packaging, I’ven’t seen any copy with her name attached to it, but if there is it could be problematic for Mattel.
Everything will eventually shake out on the line. Stay tuned …
There is a photo of her on the side of the box and it says “Elly May” next to it. I just think she’s been Elly May in her head for so long that she thinks she is Elly May, or she’s just (rightfully) upset that the cast never saw a penny of residual money from the reruns and sees this as a chance at getting something for her troubles. But I really don’t think she has a leg to stand on if the doll is properly licensed from the show’s owner and it’s not her in character, but Barbie as the character.
It’s sad that her only claim to fame is Ellie May and she can’t get on with her life. I wouldn’t particularly want to be remember for that show. Wasn’t a fan. All I can say is her life must be pretty boring if she’s suing for something like this.
Maureen, Donna Douglas lives in my home town and she’s about the nicest person you could ever meet. She occasionally reads at the local library for children and she does it for free. She’ll gladly autograph anything you have and spends a lot of time talking to fans. She raises money for charities, too. What a bored old lady, huh? Geez.
She’s a genuinely decent human being and I think your comment about her life being pretty boring is just plain mean. Portraying one of the most beloved characters on a truly iconic television show is something to be proud of, but you refuse to see that.
She spends a lot of time speaking in support of some children’s homes, has written a children’s book and generally gives of herself. If you have a problem with that then it’s your life that’s screwed up, not hers.
Tom, love your comment. People should be a lot more understanding of how talent is treated by the powers that be behind the scenes. In these days of letting corporations slide, I would bet that her chances of winning anything are very slim, but I am wishing her the best. This show is particularly interesting to me. A very long time ago, “Hillbillies” was one of the first american shows broadcast on Japanese TV; however, the U.S. version was dubbed in Japanese. If you think it was funny in English, imagine how it was in Japanese.
First up, while Donna Douglas doesn’t own the rights to the character of Ellie Mae (that probably belongs to the Paul Henning estate or maybe to the producing studio) she does own the right to her own image – that is to say her face and body. End of story and damned right she should sue. Mattel is profiting from her face and body. If they made a doll based on the movie Elly Mae then Erika Eleniuk would have the right to sue.
In your poll you had the option, “Hello! It’s the Beverly Hillbillies! Don’t the actors from the series have enough money already?” Don’t forget that at the time that the show was made the actors only received residuals on the first five times the series aired. Donna Douglas and Max Baer and the families of the other actors haven’t seen a dime from the show in many a decade.