- A new ruling confirms that the “Eleanor” Ford Mustang from Gone in 60 Seconds is not copyright protected.
- The ruling states that the Mustang doesn’t pass tests that would qualify it as a character.
- This legal battle has been going on for 20 (!) years and may not yet be over.
There are multiple examples in TV and film where the car is the star, or at the very least a supporting character. It’s part of what makes movies fun and broadens the appeal of the vehicles far beyond the automotive enthusiast set. Consider: There are plenty of people who wouldn’t look twice at a Buick GNX but immediately recognize a DeLorean DMC-12 as the time machine from Back to the Future. Both are 1980s icons; it’s just that one’s a lot more famous. But even if the fans decide that a car plays a leading role on screen, the law takes a different view.According to the latest legal update in the legal brawl over “Eleanor,” the series of Ford Mustangs from the Gone in 60 Seconds movie franchise, a car is not a character and thus cannot be copyrighted. In a published judgment from the U.S. Court of Appeals for the Ninth Circuit, three judges denied the copyrightability of the Eleanor Mustang. The ruling called the car a prop, not a character.This wrangling has been going on for a while, and it relates directly to a feud between the Shelby group and Denice Halicki. As the widow of H.B. Halicki, the stuntman behind the original Gone in 60 Seconds, she holds the copyrights to the films and was involved in the 2000 reboot with Nicholas Cage and Angelina Jolie.
In the early movies, Eleanor is a 1971 Ford Mustang Sportsroof. The hero car from the 2000 movie is arguably more famous, a 1967 Mustang Fastback with customization by Chip Foose. It’s a very recognizable car with side-exit exhausts, valance-mounted auxiliary lights, and some touches that are consistent with other cars styled by Foose. It’s the kind of thing that inspires replicas, both professional and fan tributes. Mecum AuctionsMecum AuctionsThere’s plenty of legalese in the ruling, but it breaks down copyright law via the Towle test, which was a 2015 case involving a builder of Batmobile replicas. In that case, the court ruled that the replicas did indeed violate DC’s copyright ownership of the Batmobile in its various iterations. However, the ruling noted that the Batmobile was in fact a character, capable of some autonomy, and of course had very distinctive features. (Holy jet engine, Batman.)In this case, judges ruled that Eleanor failed the three prongs of the Towle test, lacking anthromorphic qualities, consistent traits, and specifically distinctive qualities. For instance, Herbie the Love Bug might pass all three tests. Ecto-1 would be recognizable even if it was a different kind of Cadillac ambulance. Whether a car is a character in law will vary from case to case.Here, the judgment says that Eleanor isn’t eligible for copyright as a character. However, seeing that this legal action has been going on for 20 years, not 60 seconds, that might not be the last you hear of things. From the C/D ArchiveBrendan McAleer is a freelance writer and photographer based in North Vancouver, B.C., Canada. He grew up splitting his knuckles on British automobiles, came of age in the golden era of Japanese sport-compact performance, and began writing about cars and people in 2008. His particular interest is the intersection between humanity and machinery, whether it is the racing career of Walter Cronkite or Japanese animator Hayao Miyazaki’s half-century obsession with the Citroën 2CV. He has taught both of his young daughters how to shift a manual transmission and is grateful for the excuse they provide to be perpetually buying Hot Wheels.
Source: caranddriver.com
