Court Rules That Batmobile Is A Copyright-Protected ‘Automotive Character’

The US Ninth Circuit Court of Appeals for Central California found in favor of DC against Mark Towle and Gotham Garage, a custom auto builder who makes and sells replicas of the Batmobile and other classic movie and television cars. Towle sold the replica for $90,000 each, and claimed that he Batmobile was a “useful article” – a legal term for an object of no artistic value.

“As Batman so sagely told Robin, ‘In our well-ordered society, protection of private property is essential, ‘” states the opinion, as reported by The Hollywood Reporter. “It is not merely a stock character”.

The Register reports that the three judge panel: “held that the Batmobile, as it appeared in the Batman comic books, television series, and motion picture, was entitled to copyright protection because this automotive character was a sufficiently distinctive element of the works”.

“Characters exist in comic books and movies and TV shows”, he said.

“No matter its specific physical appearance, the Batmobile is a “crime-fighting” vehicle with sleek and powerful characteristics that allow Batman to maneuver quickly while he fights villains”, she writes.

Chinese businessman Li Weilei uses his spare time and money to build replicas like the “Batmobile”, Formula One cars and “Transformers” for rent or sale.

There is no dispute that DC created the Batman character, and various licenses it has entered into over the years did not transfer its underlying property rights, Ikuta wrote. Towle also said that the Batmobile can sometimes be seen without its “bat-like” features. Judge Ikuta, along with Judges Michael Melloy and Jay Bybee, also rejected the argument about the Batmobile Towle was selling not being the same as in the comics.

Towle appealed that decision past year, but obviously didn’t find a more sympathetic bench.