Updated 10:48 AM EDT, Thu, Mar 28, 2024

DC Comics Wins Batman Copyright Case in SF Court

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By now, most people know that there can be knock-off anything: at some point, there were even fake rice sold on the market! However, DC Comics refuses to let anyone capitalize on their characters, and that means they're always ready to sue, which they did against someone who decided to make Batmobile knockoffs without the company's permission.

Mark Towle produced replicas of the Batmobile as it appeared on the TV show in the late 60s featuring Adam West, and another in the 1989 movie featuring Michael Keaton. According to the court, Towle sold the cars for $90,000 each.

Towle's attorney, Larry Zerner said that his client copied the car's design --- something that cannot be copyrighted. Towle also said that the Batmobile can sometimes be seen without its "bat-like" features. However, the panel dismissed these arguments, saying that it is similar to James Bond changing his attire --- it did not alter the characteristics that made the car the Batmobile.

According to the Washington Post, the US Court of Appeals for the 9th Circuit ruled that the Batmobile's appearance and other distinct attributes made it a character that cannot be replicated without permission from DC Comics, which holds its copyright.

Judge Sandra Ikuta wrote for the panel, "As Batman so sagely told Robin, 'In our well-ordered society, protection of private property is essential.' "

The ruling continued, "Here, we conclude that the Batmobile character is the property of DC, and Towle infringed upon DC's property rights when he produced unauthorized derivative works of the Batmobile as it appeared in the 1966 television show and the 1989 motion picture."

Among the traits cited by Ikuta included sleekness and power, which allowed the masked vigilante to maneuver quickly as he saves Gotham City from the bad guys. She wrote, "In addition to its status as 'a highly-interactive vehicle, equipped with high-tech gadgets and weaponry used to aid Batman in fighting crime,' the Batmobile is almost always bat-like in appearance, with a bat-themed front end, bat wings extending from the top or back of the car, exaggerated fenders, a curved windshield and bat emblems on the vehicle."

"This bat-like appearance has been a consistent theme throughout the comic books, television series, and motion picture, even though the precise nature of the bat-like characteristics have changed from time to time," Ikuta also added.

In a report by Deadline, Ikuta's opinion reaffirms the US District Court's ruling made by Judge Ronald Lew in 2013.

You can read about the entire case here.

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