Eleanor Copyright Case: Ninth Circuit Ruling
The Ninth Circuit just denied copyright protection for “Eleanor the Car,” a pivotal ruling impacting character copyright. The court found that Eleanor, from ”Gone in Sixty Seconds,” lacked the consistent, distinctive traits necessary for copyright, potentially weakening the legal basis for other iconic vehicles. This decision spotlights the limits of copyright for loosely defined characters and inanimate objects. The ruling, relying on the DC Comics v. towle test, sets a higher bar for what constitutes a copyrightable character. News Directory 3 has the details on this meaningful legal shift. Discover what’s next for character copyrights and their future.
‘Gone in Sixty Seconds’ Eleanor Car Copyright Claim Rejected
Updated June 7, 2025
The Ninth Circuit Court has ruled that “Eleanor,” the car featured in several “Gone in Sixty Seconds” movies, is not entitled to copyright protection. This decision clarifies the limits of character copyright and could have implications for other iconic vehicles, including the batmobile.
The court determined that Eleanor, as a character, lacked sufficient conceptual and physical qualities to warrant copyright. The ruling hinged on the fact that Eleanor did not display consistent, identifiable character traits across its various appearances in the films. The court also noted that Eleanor lacked anthropomorphic traits, never acting with agency or expressing emotion.
The court used a test established in DC Comics v. Towle to determine whether a character is entitled to copyright protection. This test requires that the character have physical and conceptual qualities, be sufficiently delineated to be recognizable, and be especially distinctive with unique elements of expression. Eleanor failed to meet each of these criteria, according to the court.
This ruling on character copyright is significant because it sets a higher bar for what constitutes a copyrightable character, particularly for inanimate objects. The decision also raises questions about the copyright status of the Batmobile, which was previously deemed copyrightable under a similar legal framework.
Eleanor is more akin to a prop than a character.
While the court attempted to distinguish the Eleanor case from the Batmobile precedent, the ruling undermines the foundation upon which the Batmobile’s copyright protection rests. The Batmobile’s copyrightability was partly based on an earlier understanding of Eleanor’s copyright status, which has now been overturned.
What’s next
This decision could lead to further litigation and re-evaluation of existing character copyrights, especially those involving inanimate objects or characters with inconsistent traits. the ruling signals a potential shift toward a more restrictive interpretation of character copyright law, limiting the ability of copyright holders to control loosely defined characters.