The Ninth Circuit Court's ruling in Carroll Shelby Licensing v. Halicki has clarified the boundaries of copyright law by determining that Eleanor, the iconic Mustang from 'Gone in 60 Seconds', does not qualify for protection under U.S. copyright law. This decision highlights the court's stance that aesthetic appeal alone is insufficient for copyright protection, drawing a clear distinction between Eleanor and characters like the Batmobile, which have been afforded protection due to their consistent features and narrative roles.
J. Baron Lesperance, an intellectual property attorney, lauded the decision for its emphasis on the necessity of a multifaceted approach to protecting creative works. Lesperance pointed out that combining copyright, trademarks, and trade dress is essential for effectively safeguarding intellectual property. The ruling is particularly significant for replica builders and enthusiasts, as it prevents rights holders from monopolizing film props and fosters a legal environment that encourages creativity and innovation.
This case serves as a critical reminder of the nuanced requirements for character protection under copyright law, where the depth and distinctive expressive traits of a character are paramount. The decision underscores the importance of understanding the legal distinctions that govern intellectual property protection, ensuring that creators and rights holders navigate the complexities of copyright law with clarity and precision.


