Custom cars based on movie or television props have generally resided in murky legal waters, with vehicles often covered by a different set of guidelines than other works due to their ability to serve a wide variety of necessary purposes. It looks like that could be changing, however, as a court recently ruled that copyright rules extend to car design — especially when that car is a replica of the Batmobile.
U.S. District Judge Ronald Lew ruled on Thursday that a car design can indeed be subject to copyright protection, and found the owner of Gotham Garage, Mark Towles, in violation of that copyright due to his business of selling replica Batmobiles. DC Comics sued Towles last year over the cars, and the case was finally decided this week.
Towles had originally attempted to dismiss the lawsuit, claiming that the Copyright Act doesn’t protect “useful articles” like a car and its design, but Lew kicked his argument to the curb. According to the judge, the “useful articles” exception doesn’t apply when there are so many elements of the car that serve no practical, well… use.
In his ruling, Lew said Towles “ignores the exception to the ‘useful article’ rule, which grants copyright protection to nonfunctional, artistic elements of an automobile design that can be physically or conceptually separated from the automobile.”
As The Hollywood Reporter points out, this ruling means that there’s likely to be a flood of similar copyright battles being fought in the near future over such things as superhero costumes and other replica-type items.
Cosplayers, consider yourself warned.
The title of the article is somewhat misleading. If you want to make your own Batmobile, it is still perfectly legal to do so. Modders and tinkerers have nothing to fear. But if you want to have a business named Gotham Motors and sell replica Bat mobiles out of it, then you are guilty of copyright infringement if you do not get permission and or pay licensing fees to DC. That is essentially the purpose of copyright law, is it not?
^^ This guy is 100% correct.
No-talent wannabe writers like Rick Marshall are basically spammers. They need to bs you with misleading titles to draw people into reading his no talent articles.
A better title would be “Rick Marshall publishes ripped Batmobile image from web, violates copyright”
Like that would stop the Chinese. Copy right,we don’t need no stinkin copy right. Ah-Ha :P
its a nice car
Dude I really like the sound of that. Wow. Makes sense man.
How ridiculous!! Is there any better free advertising??
How ridiculous!! Is there any better free advertising??
Honestly, what a waste of tax payer money for a judge to even have to deal with this.
There goes all my plans for customizing our Honda Civic. sigh
You can always adding the shopping cart spoiler for good measure!
Either this judge is an idiot or he’s very corrupt!
So says SUPERMAN! ;)