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Pow! With Supreme Court Rebuff, DC Comics Wins Batmobile Copyright Case (newsoxy.com)

New submitter Mr. Competence writes: The U.S. Supreme court has declined to review a ruling by the 9th Circuit Court declaring that 'the Batmobile is a character that qualifies for copyright protection.' The case involved Mark Towle, a California man who produced replicas of the Batmobile for car-collecting fans of the caped crusader; selling them for about $90,000US each. The original would cost a bit more.

176 comments

  1. Batman. Marvel? by Anonymous Coward · · Score: 0

    DC? Beg to ask? Nah

  2. The caped crusader by Chrisq · · Score: 4, Insightful

    Fighting for truth, justice, and extension of copyright law.

    1. Re:The caped crusader by Anonymous Coward · · Score: 0

      Fighting for truth, justice, and extension of copyright law.

      What is their real issue? DC weren't making their own batmobiles.

      Will they close him down, or just ask for a cut?

    2. Re: The caped crusader by johnsmithperson123 · · Score: 1

      DC Comics #521 THE PIRATE BAY CONQUERS GOTHAM! Will our own Caped Crusader be able to defeat the villainous plans of The Pirate Bay? Purchase to find out!!!! batman_comics_521.torrent DOWNLOAD

    3. Re:The caped crusader by Anonymous Coward · · Score: 0

      Just because a copyright holder does not exercise his right to license every possible item imaginable does not mean he loses that right.

    4. Re:The caped crusader by drinkypoo · · Score: 4, Insightful

      Just because a copyright holder does not exercise his right to license every possible item imaginable does not mean he loses that right.

      This is precisely what is wrong with ever-extending copyrights. The Batmobile is now a part of American culture, and producing replicas of it should not require an appeal to On High, especially if they are not producing their own.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re: The caped crusader by Anonymous Coward · · Score: 2, Funny

      You wouldn't download a Batmobile.

    6. Re:The caped crusader by Anonymous Coward · · Score: 0

      But this has nothing to do with extending copyright. It's purely a derivative copyright issue.

      To make an absurd example, just because there aren't any licensed dildos shaped like Batman, doesn't mean every dildo manufacturer gets to make them. That's would be DC's choice, and they'd probably think that hurts their brand. Even if they were okay with it, under your idea, every manufacturer simply has to refuse to license Batman's image and wait it out. Do you see how that doesn't make sense?

      As for why DC might not want a bunch of Batmobiles on the road, they might not like the possibility of a mangled Batmobile showing up on TV after it ran into a train, or a bunch of cops chasing one used in a bank robbery, or maybe something even more silly. Who knows. But that's their decision.

    7. Re: The caped crusader by Anonymous Coward · · Score: 0

      Producing replicas is not a problem. Producing replicas to sell is the problem.

    8. Re:The caped crusader by drinkypoo · · Score: 5, Interesting

      As for why DC might not want a bunch of Batmobiles on the road, they might not like the possibility of a mangled Batmobile showing up on TV after it ran into a train, or a bunch of cops chasing one used in a bank robbery, or maybe something even more silly. Who knows. But that's their decision.

      Yes, child, I know how the law works, and it has been perverted. The purpose of copyright is to ensure that a work passes into the hands of the people after a reasonable period.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    9. Re: The caped crusader by aduxorth · · Score: 1

      I guess it depends on how big your 3d printer is.

    10. Re:The caped crusader by arth1 · · Score: 3, Interesting

      But this has nothing to do with extending copyright.

      Well, yes, it does.
      The unextended copyright terms as of the Copyright Act of 1790 is for 14 years, with a right to renew for a second 14 years if the original copyright holder was still alive.

      You know, to grant exclusive access for a limited time in exchange for the copyrighted materials entering the public domain. This was designed to prevent creators from resting on their laurels, but to continue to create, while ensuring that the public would own the works within a generation.

    11. Re:The caped crusader by Anonymous Coward · · Score: 0

      Just because a copyright holder has the right, it doesn't make it a loss if someone else exercises the right that they refuse to act on.

      When you fuckers whine on about how it's "Intellectual PROPERTY!", with REAL property, if you don't use it, you can lose it, either being condemned or squatted, AND you have to pay for the services your property requires.

      So intellectual property should be considered abandoned and open for anyone who desires.

      Or it's not property and STFU about it being so.

      Oh, and copyright terms: 14 years. Why was it any longer and why should a "right" NEVER ACTED ON be retained? at what point is the responsiblities of the copyright holder to be held to account? The PUBLIC decide to allow you the right. In return for not ignoring your petty demands, we want to be able to use your idea as you have used the idea and work of others to get you your ideas. If you refuse to pay for your right, we will refuse to let you have that right.

      And, yes, that includes courts. The police are armed and armoured and many more in number, but even they would be crushed if people didn't LET THEM RULE. Judges have no fucking chance if we decide they're not doing their job.

    12. Re: The caped crusader by Anonymous Coward · · Score: 0

      I guarantee you there's no problem. I guarantee it.

    13. Re:The caped crusader by Anonymous Coward · · Score: 1

      Then change the laws.

      This case was decided correctly under current copyright laws, the same set of laws that govern all other copyright cases. Why is this being singled out by Slashdot? There's nothing unique or unprecedented here.

    14. Re:The caped crusader by Anonymous Coward · · Score: 0

      Then change the laws.

      In theory this works.

      In practice the politicians are already bought and paid for.

    15. Re:The caped crusader by Anonymous Coward · · Score: 0

      From an artistic point of view, there is an issue with building replicas of the Batmobile. The Batmobile is a car with lots of phantastic features. A replica has real features, like requiring regular maintenance, repairs, mechanical failures and many more. Except for the design, the comic Batmobile and a Batmobile replica have nothing in common.

      Every real Batmobile replica with all the real world issues and weaknesses will only dilute the value of the phantastic comic book Batmobile. If you want a toy that looks like the Batmobile, go to the next toy store. There you can get a Batmobile toy with an official DC license. Don't ever confuse that with a real world version of the Batmobile!

    16. Re:The caped crusader by Anonymous Coward · · Score: 0

      Good luck with that. Copyright law is determined by treaty now, and treaties even supersede the Constitution. In fact, precedent supports this, with no treaty ever, in the history of the US, being deemed unconstitutional. This is why WIPO/DMCA is considered "above" the 1A, and there is so much concern about the UN Small Arms Treaty, as that would supersede the 2A.

      Even the Marbury vs. Madison decision didn't allow the US courts to find treaties unconstitutional. Just laws.

    17. Re:The caped crusader by Holi · · Score: 1

      But that is wrong. That applies to trademarks not copyright.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    18. Re:The caped crusader by Holi · · Score: 1

      So AC's are idiots today? Treaties do NOT supersede the constitution. Where the hell did you get that idea from?

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    19. Re:The caped crusader by quintessencesluglord · · Score: 4, Interesting

      Um, no. There is already existing laws that pertain to automotive replicas (specifically car design does not qualify for copyright protection). The question is to whether the branding "Batman" should qualify for protection moreso than "A/C Cobra".

      Taken to absurd lengths, any vehicle that appears in Batman could be considered a character in the Gotham universe. Anyone building a 1982 - 1992 Pontiac Trans-Am replica could be similarly sued since it was a character in Knight Rider.

      There was already case law specific to automotive replicas that the justices completely ignored, torturing copyright law to fit an absurd notion of "character".

      I hope Ford sues the living hell out of DC since the Batmobile was derivative of the Lincoln Futura, and somehow DC now owns rights to the design.

      This is preposterous.

    20. Re: The caped crusader by bill_mcgonigle · · Score: 2

      Probably from the courts, which ignore the Constitution 97% of the time. What you say is true, in theory, but not in practice.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    21. Re:The caped crusader by Anonymous Coward · · Score: 0

      Um, no to you as well.

      This isn't a replica of a car line. This is a recreation of an =individual= car, owned by an individual fictional character, that is derivative of an illustrated work of fiction. It's also not the entire car at issue, only those elements that have artistic value. DC doesn't claim it owns the Lincoln Futura, it claims it owns one specific car, one that's different from all the others because of the collection of creative, fictional elements that gave the car a unique sense of character (I mean that as a quality, not the literary kind).

      Disagree with the court's decision if you like. Call DC idiots for wasting resources on this. I kind of feel the same way. But this is ultimately a copyright case, rightly so. Given the circumstance, the only thing the replica maker can argue is that he didn't copy closely enough.

    22. Re:The caped crusader by Anonymous Coward · · Score: 0

      Taken to absurd lengths, any vehicle that appears in Batman could be considered a character in the Gotham universe.

      Fortunately, the law doesn't require us to go to absurdities. A court can competently recognize the difference between a concept like the Batmobile that has elements of a defined character and a vehicle with insufficient importance to create an intellectual right.

      Anyone building a 1982 - 1992 Pontiac Trans-Am replica could be similarly sued since it was a character in Knight Rider.

      I'm sure Glen Larson and NBC Universal would raise eyebrows if you wanted to bill it as a KITT car. You can probably get away with the strobing LEDs except in places that ban those.

      I hope Ford sues the living hell out of DC since the Batmobile was derivative of the Lincoln Futura, and somehow DC now owns rights to the design.

      The first Bat-vehicle dates from 1939, or at the latest for the Batmobile, 1941.

      The Batmobile of which you speak, was purchased for the TV show. George Barris did the work, and he apparently purchased it from Ford. If his purchase didn't include the intellectual rights, then maybe you have a point, but that doesn't mean anything for DC.

      They have made their own, new Batmobile concepts, which don't rely on that design.

    23. Re:The caped crusader by silentcoder · · Score: 1

      There are Dildo's in the shape of all the avengers - not made by Marvell either.

      I suspect Marvell wouldn't sue - if only to avoid giving them more publicity but even if they did - ironically - they have a better chance of winning than this guy did. You could make a reasonable argument that using characters popularly thought of as "children's fiction" for dildos is clear parody, and thus protected fair use.

      Now of course fair use isn't well defined and must be decided on a case by case basis by the judge, so your bet is as good as mine whether the judge would agree with that argument (and it would be strongly dependent on how good a lawyer the dildo company had) but it's a good enough shot that if Marvell did decide to sue, and I was them, I would try it.

      --
      Unicode killed the ASCII-art *
    24. Re:The caped crusader by silentcoder · · Score: 0

      So get rich and buy your own ! It's the republican way !

      --
      Unicode killed the ASCII-art *
    25. Re:The caped crusader by Registered+Coward+v2 · · Score: 1

      Um, no. There is already existing laws that pertain to automotive replicas (specifically car design does not qualify for copyright protection).

      That wa sthis argument and he lost, because he wasn't simply copying a line of cars but one very specific model, down to Batman logos and color schemes. He may have been ok since the Batmobile had simply been a a production car with some added trim and over 25 years old but that was not the case.

      The question is to whether the branding "Batman" should qualify for protection moreso than "A/C Cobra".

      The Cobra was a production car over 25 years old, based on the A/C chassis with a Ford drivetrain' a very different scenario than the Batmobile. In addiotn, AFAIK Cobra replica manufacturers don't attach Shelby logo. If you want a real Shelby you need to buy it from Carroll Shelby International, Inc who still make the Shelby Cobra.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    26. Re:The caped crusader by Impy+the+Impiuos+Imp · · Score: 1

      Not necessarily. Although it hasn't reached the SC, there have been recent lower rulings that a person cannot use copyright to forbid usage to people they don't like, as that is not what copyright is for, which is to secure exclusive rights for income.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    27. Re:The caped crusader by Impy+the+Impiuos+Imp · · Score: 1

      Then, outside of movies and their leftovers at car shows, there will never be real Batmobiles you can buy as DC won't risk the liability.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    28. Re:The caped crusader by liquid_schwartz · · Score: 2

      The original term of copyright. One of the *many* things that the founding fathers got right that has since been changed for the worse.

    29. Re:The caped crusader by Qzukk · · Score: 1

      This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land

      Sounds like they got the idea from Article 6.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    30. Re:The caped crusader by darkain · · Score: 1

      Batman didn't maintain his billions of dollars by just sitting on his ass, ya'know!

    31. Re:The caped crusader by tnk1 · · Score: 4, Insightful

      It's the politician way. Please don't tell me that you think only the Republicans have been bought and sold. We're about to elect one of those to be our first female president.

    32. Re:The caped crusader by Anonymous Coward · · Score: 0

      Good luck with that. Copyright law is determined by treaty now, and treaties even supersede the Constitution.

      No they don't the authority to enter into treaties is granted by the Constitution. A Constitutional amendment could revoke that authority or add arbitrary constraints to it.

    33. Re:The caped crusader by UnknowingFool · · Score: 1

      Anyone building a 1982 - 1992 Pontiac Trans-Am replica could be similarly sued since it was a character in Knight Rider.

      I would say that there is a difference between the Batmobile which have been one of a kind creations and a version of a mass-produced car like Kitt. The defendant, Towle, made replicas of the 1966 Batmobile which was based off of the 1955 Lincoln Futura concept car and the 1989 Batmobile which was designed by Anton Furst for the film. Neither car was available to the public.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    34. Re: The caped crusader by Anonymous Coward · · Score: 0

      Perverted, no. Extended too long yes.

    35. Re:The caped crusader by PCM2 · · Score: 1

      If you refuse to pay for your right, we will refuse to let you have that right.

      You've got a funny idea of the concept of rights.

      --
      Breakfast served all day!
    36. Re:The caped crusader by KGIII · · Score: 1

      Sheesh! Don't be daft, it's only bad when the other side does it!

      Hmm... I typed out the /s sarcasm indicator but then I thought about it. While it's a fine interesting subject to delve into, now may not be the best time to do so.

      In short, very short for me, people really do seem to think that way. I don't actually understand the disconnect, mental process, or the likes. Seemingly otherwise intelligent people get irate, for example, if an opposing party using the the same tactics their favored party uses. A good example is the "Free Speech Zones." The Democrats have repeatedly scoffed at them. They were first used in 1988 at the DNC. They still justify them if they're used today because of reasons like not wanting to be distracted or diluting the message.

      And no, no... I am not a Republican. By preference, you'd probably think I'm to the left of any elected official - in the US political arena.

      --
      "So long and thanks for all the fish."
    37. Re:The caped crusader by Anonymous Coward · · Score: 0

      re: The purpose of copyright is to ensure that a work passes into the hands of the people after a reasonable period.

      Not quite. Copyright (and patent) law is a balance: we will let you use the power of the state to get remuneration for your creations (publications and ideas) for a limited period, and in return after that you will let the public have the creation.

    38. Re:The caped crusader by KGIII · · Score: 1

      > Why was it any longer and why should a "right" NEVER ACTED ON be retained?

      I've never used the 5th. I'd still like to retain that right, thanks.

      Someone above mentioned that there were no official Batman dildos and never would be. I suspect you'd suggest that DC loses their right to restrict people from making them because they, themselves, have never made or authorized making them.

      --
      "So long and thanks for all the fish."
    39. Re: The caped crusader by KGIII · · Score: 2

      Like hell I wouldn't. I never understood that commercial. "You wouldn't download a car!" Oh, hell yes I would.

      --
      "So long and thanks for all the fish."
    40. Re:The caped crusader by StikyPad · · Score: 1

      The purpose of copyright is to ensure that a work passes into the hands of the people after a reasonable period.

      No, the purpose of Copyright law is to promote the progress of science and art. We know this because it says so right there in the Constitution. What you're referring to is the means -- "by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." Why the "limited Times" wording was used is unknown, since no records were kept. At best, it could be argued that the framers did not want the public domain to be a casualty of incentivizing art and science, but that's speculative, and in any event, it still wasn't the purpose of copyrights.

    41. Re:The caped crusader by StikyPad · · Score: 1

      If they got it right, then credit goes to the Parliament of Great Britain, since the Copyright Act of 1790 was (ironically?) virtually identical to the Statute of Anne. To me, it seems more likely that they didn't feel like giving it very much thought at all beyond "yeah, let's have copyrights... and we can save a lot of time by copying!"

    42. Re:The caped crusader by JesseMcDonald · · Score: 1

      Treaties do NOT supersede the constitution. Where the hell did you get that idea from?

      This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land

      Sounds like they got the idea from Article 6.

      Only if "they" lack reading comprehension. The quoted passage does not say that treaties supersede the Constitution, only that treaties make up one part of the supreme law of the land, alongside the Constitution and U.S. law. Note in particular that U.S. law is given the same status, and if U.S. law superseded the Constitution then there would be no need for a constitutional amendment process, as Congress would only need to pass a law to override any part of the Constitution.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    43. Re:The caped crusader by Anonymous Coward · · Score: 0

      Wrong, Ford Bought Shelby from the estate after Carol died.

    44. Re:The caped crusader by Registered+Coward+v2 · · Score: 1

      Wrong, Ford Bought Shelby from the estate after Carol died.

      According to the Shelby website Ford is a licensee and they have a relationship with Ford, no mention of a purchase. I could be wrong, got a link?

      --
      I'm a consultant - I convert gibberish into cash-flow.
    45. Re:The caped crusader by coolsnowmen · · Score: 1

      Why is this being singled out by Slashdot?

      Because [we] secretly want a Bat-Mobile. And anything that makes that harder makes [us] unhappy.

  3. The Copyright Joker strikes again by Anonymous Coward · · Score: 1

    Truer words were never spoken crusader

    1. Re:The Copyright Joker strikes again by Z00L00K · · Score: 1

      Well, if no Batmobiles can be made, then Fatmobiles for Fatman. (Playing on the word play by the Joker)

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    2. Re:The Copyright Joker strikes again by RevRagnarok · · Score: 1
      --
      I should put something clever here. Maybe someday.
  4. Re:Weird decision by wonkey_monkey · · Score: 4, Funny

    A car only becomes a character if it has the qualities of an intelligent entity.

    So Glenn Beck can't be copyrighted?

    --
    systemd is Roko's Basilisk.
  5. That's what Apple did wrong... by ylleKnaD · · Score: 0

    They should have written a comic book about the iPhone. Then they would have won all the lawsuits with people making rectangles with rounded corners.

    1. Re:That's what Apple did wrong... by Bob_Who · · Score: 1

      They should have copyright *bats* and then sued the *man* for infringement: being "batty" without a contract.

    2. Re:That's what Apple did wrong... by mrbester · · Score: 1

      "Batty man" has a different meaning this side of the pond...

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
  6. Copyright? by Anonymous Coward · · Score: 0

    How is copyright even relevant here? Something like design patent or trademark would make more sense, since the replicas are not copied like literary works or computer data.

    1. Re:Copyright? by Anonymous Coward · · Score: 0

      Copyright law is relevant here because the replicas were derivatives of elements from a film, which is a creative expression. The replica itself doesn't have to be a creative expression, it just borrowed creative elements from the source too heavily.

    2. Re:Copyright? by Anonymous Coward · · Score: 0

      Well there goes the replica kit car businesses then

    3. Re:Copyright? by Anonymous Coward · · Score: 0

      Vehicles are utilitarian. In "classic" copyright law (pre-Clinton-era) utilitarian devices cannot be protected by copyright.

    4. Re:Copyright? by Anonymous Coward · · Score: 1

      It isn't a utilitarian vehicle that is being copied. It's the artistic flourishes of drawings of a fictional vehicle that's being copied.

    5. Re:Copyright? by Anonymous Coward · · Score: 0

      Yes it isn't a utilitarian vehicle that is being copied, therefore the utilitarian cehicle CANNOT BE the illustrated batman car, because it is not possible to make one copying that design. What you can do is be inspired by it and design a utilitarian vehicle. Which can be protected by design rights or patents.

      Which still makes it not a copy of the batman illustration.

      Because it's a vehicle, not an illustration.

  7. Re:Weird decision by Anonymous Coward · · Score: 1

    When did copyright become only applicable to characters?

    The imaginary world of Gotham, including iconic vehicles within it, is a creative expression, and these replicas are derivatives. The decision's wording may be weird, but the outcome isn't wrong.

  8. Re:Weird decision by Anonymous Coward · · Score: 0

    Correct, they have already ruled in that favour.

    CAP === 'signally'

  9. Re:Weird decision by Anonymous Coward · · Score: 0

    You need to work on your reading comprehension. He didn't say a car can't be copyrighted. He said that it isn't a character qualifying for copyright protection. Note the phrase "in this context"; the context being that the car is considered to be a character. He did not preclude a car from being copyrighted in another context.

  10. Re:Weird decision by houghi · · Score: 1

    The decision might be legally correct, but the outcome is absolutely wrong.
    It is not that he was somehow hindering the sales of their cars.

    --
    Don't fight for your country, if your country does not fight for you.
  11. Re:Weird decision by Anonymous Coward · · Score: 0

    In context of his post, it's pretty clear he has no idea what he's talking about and neither do you, probably.

    Copyright doesn't make a distinction between a human, a character, a setting, or a car within fiction. It doesn't care about context. What matters is whether there is significant artistic or creative expression. The judge decided there is. Calling the car a character is wrong, but he's not an English major. He's interpreting law, and it's the collection of unique creative elements of the car that warrants copyright protection in his view.

  12. Re:So where's DC Comics' batmobile business? by Anonymous Coward · · Score: 0

    It's not necessarily that DC Comics lost anything. It's that someone else illegally used their intellectual property. One need not demonstrate actual loss in order to make a successful claim of copyright infringement.

  13. Re:Weird decision by nhat11 · · Score: 1

    It's pretty unique, hard to say that it wasn't copied unintentionally lol

  14. Design law is at work here by Anonymous Coward · · Score: 0

    Because it's a design of a vehicle, not a character in a comic or movie.

    See, if you don't describe WHY your version is true and instead just pick the law you think applies, a different version is just as easily constructed from equally valid law.

    1. Re:Design law is at work here by Anonymous Coward · · Score: 0

      It is the design of a vehicle that came into being within a fictional comic world. It was originally a drawing. The design served a creative purpose rather than a functional one. The movie is a derivative of artwork. As a derivative of the movie, the replica vehicle is also a derivative of artwork. By itself, the replica was not transformative of the artistic qualities of that design, just its medium. The replica makes no original artistic statement of its own. That's why it's infringing, and that's why this is a copyright case.

      I don't know why you think I need to further extrapolate my "version", since this is clearly the position that the court has taken. But who knows, maybe the replica makers should have hired you to represent them.

  15. Re:Weird decision by Anonymous Coward · · Score: 0

    Doesn't matter. Whether the infringement directly hurts the copyright holder doesn't really come into play until deciding damages. It's still infringement even if it made money for DC. This kind of infringement case is always civil, and copyright holders are given the opportunity to use best judgement in how to exercise and defend their rights. The outcome isn't wrong, but please feel free to call DC/Warner dumb all you like.

  16. Re:Weird decision by Anonymous Coward · · Score: 0

    He was. He was hindering them having none of there cars on sale.

    Sometimes, it's the decision not to market a certain product, that is important. Maybe they wanted the Bat Car to be a phantasy only, for which only toy cars exist, which then will carry the phantasy even further by playing with them? And maybe they did not want the phantasy being diluted with a real car which has none of the features of the comic book car except a similarity in design, but all the weaknesses and service problems and ongoing maintenance a real car has?

  17. Broad Implications by Anonymous Coward · · Score: 0

    There are a lot of unlicensed replica makers out there. Just look up Captain America Shield replica or Iron Man helmet replica and you will see. I think this will eventually hit them as well. Marvel has already come out with detailed versions of both for half the cost.

  18. Re:Weird decision by Kjella · · Score: 4, Insightful

    Copyright protects all the creative elements by default, not just Batman but Gotham and pretty much the whole fictional universe they're in including everything that by itself would give rise to copyright. For example it seems pretty clear to me that this elven leaf brooch from LotR is copyrighted, it's one tiny irrelevant accessory in the movie but it's also clearly a work of original art. So if you make a car and it's instantly recognizable as the Batmobile, I actually agree with this verdict. Either it's fair use or you need to make it a licensed product.

    Yes, there's some degree of function here but that has never prevented the copyright of the creative elements, like if I make a painting and hang it on the wall or I paint it on the hood of my car it's equally copyrighted. Take for example dresses, everybody can make a princess dress. But if you make one that looks totally like a Disney princess for commercial sale, I'm not surprised that lawyers come knocking. Unless you want to argue that there's a functional reason it must look exactly like the Batmobile from the movies, I don't think that's a valid defense.

    --
    Live today, because you never know what tomorrow brings
  19. Re:So where's DC Comics' batmobile business? by Anonymous Coward · · Score: 0

    No he did't. He didn't use their intellectual property, he used his own. The car was drawn and all you need to do is look at the likes of Bayonetta or Jessica Rabbit to see that a physical design is vastly different from one that has no need to bend to the rules of physical reality.

    He used his own intellectual property to create a car that worked. He was inspired by theirs.

    In addition, you fail to demonstrate the answer, merely claim it's been and ignored the fact you didn't.

  20. Re:Weird decision by Anonymous Coward · · Score: 0

    It's spelled FANTASY.

  21. True but I think there's a legal principle here by NotSoHeavyD3 · · Score: 1, Insightful

    I'm no lawyer but I was under the impression that if you let one party get away with infringing your copyright you've tacitly agreed to let others do as well. (Which pretty much means you have to be an asshole about copyright all the time if you want it to be valid.)

    --
    Did you know 80 to 90% of the moderators on slashdot wouldn't recognize a troll even if one dragged them under a bridge.
    1. Re:True but I think there's a legal principle here by Anonymous Coward · · Score: 1

      Yup, it's clear you are no lawyer.

    2. Re:True but I think there's a legal principle here by JonnyCalcutta · · Score: 3, Informative

      You're thinking of trademarks.

    3. Re:True but I think there's a legal principle here by PCM2 · · Score: 1

      (Which pretty much means you have to be an asshole about copyright all the time if you want it to be valid.)

      Not true. You can let 100 people rip off your works without asking you permission, but if you decide to sue the 101st, that's still your right.

      There are other rules -- like if you want to sue for money, you generally have to have registered your work with the Copyright Office -- but those are just details.

      --
      Breakfast served all day!
    4. Re:True but I think there's a legal principle here by NotSoHeavyD3 · · Score: 1

      That must have been what I was thinking of. I thought this is what happened with aspirin.(Which was a Bayer trademark but they lost because they didn't defend it vigorously enough.)

      --
      Did you know 80 to 90% of the moderators on slashdot wouldn't recognize a troll even if one dragged them under a bridge.
  22. Re:So where's DC Comics' batmobile business? by Anonymous Coward · · Score: 0

    This is exactly why the Infinite Copyright Extension policy is bad for society.
    It allows "holders" of copyright to deny the public the fruit of their work for the betterment of
    society. I'm really disgusted by the assertion by the Copyright Lobbying Industry that our
    founding fathers were idiots and couldn't foresee this future.

    Whether the vehicle was in violation of some law is without merit, the real issue is this
    corporate concept of owning social ideas any trying to regulate society from that "ownership."

    CAP === 'anorexia'

  23. Re:Weird decision by Anonymous Coward · · Score: 0

    However, it isn't a right to stop anyone else doing it. Copyright claims are to stop people copying their work. This doesn't.

  24. Re: Weird decision by Anonymous Coward · · Score: 0

    When will it be released to the public domain?

  25. Re:Batman. Marvel? by Anonymous Coward · · Score: 0

    If you don't know or don't care who created and what company licenses out Batman and all its regalia by now (hint: It's always listed at the beginning of Batman cartoons and games and has a prominent position in the top corner of the comics); then you obviously aren't nerd enough for this forum and need to STFU and GTFO.

  26. Well, don't HIRE the guy, morons. by geekmux · · Score: 3, Interesting

    Since it's rather hard to prove he was ultimately damaging the image for the organization who owns the rights to Batman and associated representation, I find this ruling senseless. Regardless of copyright fine print, he was making these for diehard fans, and actually perpetuating the brand. If he was a salesman working for DC Comics making these things right now he would likely be earning a decent salary plus bonuses for the car sales.

    So, instead of hiring the guy to work for DC Comics and further perpetuate the image, they choose to legally rape him along with their most hardcore fan base. America once again proves there's nothing like using the law to shoot yourself in the foot.

    Welcome to our future. Where Capitalism will be raped by senseless laws instead of working together to benefit all.

    1. Re:Well, don't HIRE the guy, morons. by AmiMoJo · · Score: 1

      They probably argued that it devalued their own replica cars, which they totally might build some day maybe. Never mind that they don't make them, what's important is that some potential future profit was lost.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re:Well, don't HIRE the guy, morons. by edtice1559 · · Score: 1

      The problem with having to prove damages is that it's almost impossible. That's why we often have statutory penalties. If it were necessary to prove an actual loss, a big corporate could run roughshod over a small creator and simply argue that the small business wouldn't have made a lot of money anyway. We assign certain rights to creators. It may be that the pendulum has swung too far in one direction in terms of how long we grant those rights. But requiring proof of damages would do nothing to solve the length of copyright issues and would tilt the playing field further in favor of large companies. I don't think your proposal is the right solution even if it is well intended. For a good example of why not, see what used to happen in the 50s/60s when a black band put out a great song.

    3. Re:Well, don't HIRE the guy, morons. by geekmux · · Score: 1

      They probably argued that it devalued their own replica cars, which they totally might build some day maybe. Never mind that they don't make them, what's important is that some potential future profit was lost.

      OK, so argue against future profits you could have made right now by hiring the guy who likely is smart enough to build profit into his creations that represent the brand accurately and fairly.

      Gun, meet foot.

    4. Re:Well, don't HIRE the guy, morons. by geekmux · · Score: 1

      The problem with having to prove damages is that it's almost impossible.

      Could they prove a profit fairly easily instead by hiring the guy who built the creations?

      The answer is likely yes. How quickly we forget the point of Capitalism.

      Gun, meet foot.

    5. Re:Well, don't HIRE the guy, morons. by Anonymous Coward · · Score: 0

      Actually DC licensed out the creation of the Batmobiles, and there is a company out there making Batmobiles with DC's blessing. https://buybatparts.com/cms/ They have also restored some of the George Barris built, screen used Batmobiles as well.

      This case was more about if anyone could make a Batmobile, or only those who are licensed can make them. You could still make one on your own if you want, but if you are going to sell them to others, then it becomes a problem.

    6. Re:Well, don't HIRE the guy, morons. by avandesande · · Score: 1

      Or they could work out some licensing deal with the guy for a nominal fee- this would help protect their copyright and the guy could continue to make cool cars.

      --
      love is just extroverted narcissism
    7. Re:Well, don't HIRE the guy, morons. by swb · · Score: 1

      This was my first thought -- just sell the guy a license to make the replicas, the same way they would charge a toymaker to make toy replicas of the Batmobile. Given the price he charges, I'm sure his buyers have an expectation of detail and quality that goes way beyond what DC Comics would expect of any toymaker and probably matching what would be expected out of a big budget Hollywood production.

      And maybe they did, but the terms were so onerous that the finished product wouldn't be economically viable. If there are N people willing to buy a $90k Batmobile replica, there are certainly fewer people willing to buy a $200,000 replica.

      The only thing I can think of is that they're protecting some kind of special replica licensing revenue that they may make out of theme parks or restaurants that want one. Or maybe they believe that the "movie magic" could potentially be spoiled, thus undermining potential film profits, if Batmobiles somehow become commonplace.

    8. Re:Well, don't HIRE the guy, morons. by Anonymous Coward · · Score: 1

      They probably argued that it devalued their own replica cars, which they totally might build some day maybe. Never mind that they don't make them, what's important is that some potential future profit was lost.

      What are you talking about? DC is a comic book company. Expecting them to make cars is silly. They licensed the right to do that to Fiberglass Freaks.

      It seems that's just the TV cars, but I don't know if they have the movie rights. Still, if you want that product, let DC know, and perhaps the opportunity will arise.

      Still, since the guy was making the 1966 cars, I'm sure Fiberglass Freaks was a bit upset.

      So they made DC take action.

    9. Re:Well, don't HIRE the guy, morons. by edtice1559 · · Score: 1

      Perhaps. And this might be the smart thing for them to do. However, what would be smart for this one company to do is not the same as what laws we should have. We should IMHO *want* to protect small creators from those who are bigger and have more resources in order to promote proliferation of culture. As small creators have no profit to speak of, if we require proof of damages, we essentially take away their ability to seek redress when their creations are misappropriated. Although it may be a good idea for them to hire this guy, that doesn't mean it should be the law. For the same reason there shouldn't be a law against jailbreaking your phone. I tried an analogy to wasting beer but at least in the case of wasting beer we could argue that it damages the environment. They own those rights and can choose to forego a profit if they want to. Maybe they are doing that in order to ensure the artistic purity of the brand. Artists do stuff like that.

    10. Re:Well, don't HIRE the guy, morons. by Anonymous Coward · · Score: 0

      If they sold this guy a replica license, it would probably make the current holders of the replica rights for the 1966 Batmobile upset. They presumably paid a fair bit of money for it.

      Even if it was limited to the 1989 movie Batmobile, a license which I'm not sure they hold since they aren't producing replicas of those.

    11. Re:Well, don't HIRE the guy, morons. by phantomfive · · Score: 1

      Since it's rather hard to prove he was ultimately damaging the image for the organization who owns the rights to Batman and associated representation,

      That is an argument that you'd make for a fair-use defense. This was a ruling on whether the car was copyrightable. And apparently it is copyrightable, which isn't surprising since even a squiggle on a paper is copyrightable.

      So now he can try raising a fair-use defense (unless he's already done so, the article doesn't mention).

      --
      "First they came for the slanderers and i said nothing."
    12. Re:Well, don't HIRE the guy, morons. by BarbaraHudson · · Score: 1

      Why would they want to risk liability for accidents and deaths? After all, if they licensed the design, how are they not partially liable?

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    13. Re:Well, don't HIRE the guy, morons. by swb · · Score: 1

      The design they would license would be the visual design, not the engineering. I would wager that any licensing agreement would be language making the licensee responsible for the engineering safety and possibly even requiring end buyers to also sign a waiver agreeing to hold DC comics harmless for any flaws in the vehicle's mechanical safety and reliability.

      It wouldn't surprise me at all if there was already a ton of precedent for this in civil case law if not actual statutes governing this. Car customizing is almost as old as cars are and given that many restorations and modifications are oriented towards performance, I doubt GM have been held accountable for accidents caused when someone sold a restored Corvette that turned out to have mechanical flaws in its restoration.

    14. Re:Well, don't HIRE the guy, morons. by BarbaraHudson · · Score: 1

      If you can be ordered to pay out $5 billion to compensate one family, none of whom died, because a drunk driver slammed into the back of their 14-year-old car, anything is possible.

      When Apple sells a defective power cord that was made by someone else under license, it's Apple that is on the hook for the $$$, even though they didn't make it. Licensing deals will always get you dragged into a case - that's what lawyers, at least the competent ones, do.

      Also, since a licensing deal for the visual design for use in producing a Batmobile necessitates the addition of an automobile chassis, if the licencor doesn't specify which chassis are approved for use, they can be held partially liable for licensing a defective product.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  27. So you agree design is a work here. by Anonymous Coward · · Score: 0

    And since the physical working design has to concede to the laws of physics, even to the idea of conservation of mass (therefore you can't fit it in a space there wasn't a priori space for it to fit, never a problem in a cartoon: just draw it there), the work was INSIPRED by the DC comic. The design is the designer's own.

    Hence design is at work here.

    1. Re:So you agree design is a work here. by Anonymous Coward · · Score: 0

      The court decided it took too much inspiration.

      Just because the car builder has to deal with physics doesn't really affect DC's argument, no more than it would an architect who has to deal with physics and materials if he were to built a Batcave theme park, or a toy maker who has to deal with the physics of making a Batarang.

      The car maker didn't create a spec sheet and arrive at a car similar to the Batmobile. He looked at the Batmobile and engineered his car to fit its cosmetic aesthetics while maintaining practical function, and then advertised it as such. DC doesn't care if his car runs well or not, it cares that it copied the collection of features, comprised of artistic design and creative elements that gave the Batmobile its identity and a sense of "character", too closely. This is where the argument is, not its value as a car.

      The court agrees it's a copyright issue. The Supreme Court gave tacit agreement by declining to review it. Your insistence that anytime some design and engineering is involved, all artistic elements at issue should be ignored, is not convincing.

    2. Re:So you agree design is a work here. by Anonymous Coward · · Score: 0

      And that decision is a load of cock.

  28. China will win by monkeyxpress · · Score: 5, Insightful

    This is why China will beat us:

    - Cost of designing something - rapidly falling due to better CAD technology, improved manufacturing techniques.

    - Cost of making something - rapidly falling due to improved manufacturing and robotics.

    - Cost of determining whether your rounded rectangle is sufficiently different from someone else's - the sky is the limit.

    We created an industrial base that reduced real scarcity to amazingly low levels, and now we are taking the things with no natural resource limit (ideas) and are busy creating as much scarcity out of them as possible. My only hope is that when we tell our grandchildren's generation how this works, they will not believe anyone could be that stupid.

    1. Re:China will win by edtice1559 · · Score: 1

      China isn't every going to beat us and that seems to be a boogeyman. Even if we have a few bad regulations, we have free flow of information. If the ministry of information puts out that X kg of some rare earth was mined last year and I build a business around it only to find out it's not true, I go bankrupt. You can't have a competitive economy while information is stifled. The Chinese companies are forced to work with fabricated government information while US companies have access to real information. (Hint: CEOs in the US don't get their news from Fox) That's more valuable than cheap labor and a manipulated currency combined.

    2. Re:China will win by Anonymous Coward · · Score: 0

      So if you were a CEO right now and since the news is looking so good for the US economy, do you bank on another rate hike soon?

    3. Re:China will win by Anonymous Coward · · Score: 1

      We created an industrial base that reduced real scarcity to amazingly low levels, and now we are taking the things with no natural resource limit (ideas) and are busy creating as much scarcity out of them as possible. My only hope is that when we tell our grandchildren's generation how this works, they will not believe anyone could be that stupid.

      They'll be brainwashed into thinking that is the only way things can be made.

      Heck, they are being brainwashed right now with all that "intellectual property" propaganda, financed by the publishing studios; the honest term that properly describes the copyright and trademark laws is "intellectual monopoly".

    4. Re:China will win by DNS-and-BIND · · Score: 1

      No way, China has serious problems and would trade places with America in a heartbeat. They suffer the same problem that all leftist regimes do - they cannot allow their people to think freely, because to do so would be their own end. Taking the capitalist road to achieve socialism has bought them another couple of decades in power, but the rising prosperity has masked serious structural problems in China. Now that the prosperity is drying up, all their weaknesses will be exposed. They ain't gonna beat anyone in designing or anything involving ideas.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    5. Re:China will win by Anonymous Coward · · Score: 0

      The solution then is to out-idea them then. Or if that is too hard, complain.

    6. Re:China will win by Anonymous Coward · · Score: 0

      The MPAA literally gives talks in gradeschools.

    7. Re:China will win by Anonymous Coward · · Score: 0

      This is why China will beat us:

      - Cost of designing something - rapidly falling due to better CAD technology, improved manufacturing techniques.

      - Cost of making something - rapidly falling due to improved manufacturing and robotics.

      - Cost of determining whether your rounded rectangle is sufficiently different from someone else's - the sky is the limit.

      We created an industrial base that reduced real scarcity to amazingly low levels, and now we are taking the things with no natural resource limit (ideas) and are busy creating as much scarcity out of them as possible. My only hope is that when we tell our grandchildren's generation how this works, they will not believe anyone could be that stupid.

      Oh please.

      Here is why China is screwed:

      1) They shut down their stock market every 2 days because Chinese stocks keep falling; there is no faith in them.
      2) Chinese municipalities have no budget to speak of to support their programs; several major cities are on the verge of bankruptcy without the national government stepping in, mostly because they are unable to tax their populace.
      3) The loan makret is out of control; the official amount of debt is manageable but there is a shadow lending market that is roughly double the size of the official market, making every segment of China's economy tied to another; when one goes they all go
      4) Their GDP growth has fallen to the point where some companies have done layoffs, challenging the legitimacy of the Communist Party
      5) TO prepare for a massive economic shift, the government has purged hundreds of thousands of bureaucrats in an "anti-corruption campaign", all in an effort to consolidate power under the new President/Dictator Xi.

      China is built on a shaky foundation. They're 5-10 years away from a major economic reversal that they may not be able to recover from for decades. Get with the program; China's a long ways from catching up to the US.

    8. Re:China will win by k6mfw · · Score: 1

      I was talking with someone, he mentioned in his daughter's class had a visitor lecturing the children about how wrong and bad it is to copy pictures, music, etc. I was thinking back in my days that would have been blown off but then it was not easy to copy things. Now it seems MPAA main function is to chase down pirates and bust them to get their assets to keep MPAA functioning.

      --
      mfwright@batnet.com
    9. Re:China will win by k6mfw · · Score: 1

      They suffer the same problem that all leftist regimes do - they cannot allow their people to think freely, because to do so would be their own end.

      Rightist regimes do the same, speak out against their favorite corp sponsor, don't be surprised if laid off or some other consequence.

      --
      mfwright@batnet.com
    10. Re:China will win by BarbaraHudson · · Score: 1

      And the US doesn't have serious problems? China is expecting growth of "only" 6.7% this year. Most of the world would kill to have that much growth.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
    11. Re:China will win by DNS-and-BIND · · Score: 1

      I notice how you completely failed to refute the point I made.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    12. Re:China will win by Anonymous Coward · · Score: 0

      We created an industrial base that reduced real scarcity to amazingly low levels, and now we are taking the things with no natural resource limit (ideas) and are busy creating as much scarcity out of them as possible. My only hope is that when we tell our grandchildren's generation how this works, they will not believe anyone could be that stupid.

      Heck, they are being brainwashed right now with all that "intellectual property" propaganda, financed by the publishing studios; the honest term that properly describes the copyright and trademark laws is "intellectual monopoly".

      More accurately, intellectual monopoly backed by thoroughly entrenched unethical practice of law.

      It's the latter, as much as anything, that has turned the US patent, copyright, and trademark laws into a huge disaster for society (and, in this increasingly global economy, for the world). Huge amounts of money get spent on entirely unnecessary legal expenses (any society based on the rule of law will have some overhead, but the US system is ridiculous), and the costs of this get passed right on to the consumer in the form of higher prices and lower quality products.

      As a class in society, the legal professionals have a vested interest in selling society a legal system that works primarily to the benefit of their profession. The US Constitution allows government to grant some protection to inventors (though even that can be limited by rights arising under the 9th Amendment - the Bill of Rights is the highest law in the land and supersedes the Pre-Bill of Rights Constitution when they come into conflict).

      Unfortunately the details of how that protection is implemented have essentially been determined by the legal profession, and the lobbying of certain special interest groups, both looking out for their own interests at the expense of society, and often at the expense of the people actually doing the innovation!

      So far, we've been dumb enough to fall for this scam.

      How long can that continue?

  29. Re:Weird decision by jimbolauski · · Score: 4, Insightful

    If DC decided they wanted to partner with a another car builder who would agree to make the cars to DC's standards and pay royalties to them they would have a hard time finding a company because someone else is building them and not paying royalties. That's why the outcome is correct Mark Towle was profiting off their property and limiting their ability to license that property.

    --
    Knowledge = Power
    P= W/t
    t=Money
    Money = Work/Knowledge so the less you know the more you make
  30. DC Vehicles Copyrighted? by Moonrazor · · Score: 1

    Dang! Now what am I going to do with all these invisible jets?

    --
    Burn the land and boil the sea........
    1. Re:DC Vehicles Copyrighted? by Anonymous Coward · · Score: 0

      Melt them down for all the transparent aluminum.

  31. Re:So where's DC Comics' batmobile business? by DahGhostfacedFiddlah · · Score: 1

    They created the demand.

    If he'd been selling completely-original Ratmobiles, he would not have sold as many, nor commanded so high a price.

    I've got plenty of gripes with copyright law. This is not one of them.

  32. Why is that a problem? by Anonymous Coward · · Score: 0

    And we can ABSOLUTELY prove no damages here. They don't make them themselves. At all. Ever.

  33. Re:Weird decision by U2xhc2hkb3QgU3Vja3M · · Score: 2

    It's spelled FANTASY and it's FINAL.

    Hang on a second, I'm getting a phone call from someone called "Square Enix"...

  34. Re: Weird decision by jofas · · Score: 1

    It's spelled "Mask of the Fantasm", you insensitive clod!

  35. Re: Weird decision by jofas · · Score: 1

    You misunderstand the term "work", which in copyright can be understood here to mean the image of the Batmobile.

  36. Re: Weird decision by jofas · · Score: 1

    No, I'm afraid you need to read up. There is no such thing as context *within* a creative work, only a level of semblance to the work. If what you're saying were true, no one could copyright software.

  37. Re:Weird decision by GLMDesigns · · Score: 3, Insightful

    Knowledge /= Power
    Knowledge = PE (Potential Energy)

    How silly do you have to be to comment on a sig? :-)

    --
    If you're scared of your govt then you need to further restrict its powers
    Vote 3rd Party in 2016 and beyond
  38. Re:Weird decision by Anonymous Coward · · Score: 0

    It wasn't the wrong decision. He should have called them FlyingMouseMobiles and painted them pink. Then he would have been off the hook and the people buying them could repaint them black and buy "Bat Mobile" badging from China to replace the FlyingMouse badging.

  39. Re:Weird decision by silentcoder · · Score: 1

    Indeed, you can't copyright small planets.

    --
    Unicode killed the ASCII-art *
  40. Re:Weird decision by silentcoder · · Score: 1

    Apparently the judge is an idiot according ot you as well then - since it was the JUDGE who declared the car is copyright protected and JUSTIFIED that conclusion on the basis that it's a character in the comics.

    --
    Unicode killed the ASCII-art *
  41. Re: Weird decision by silentcoder · · Score: 1

    It's America so er... 30 seconds before the heat death of the universe I believe.

    --
    Unicode killed the ASCII-art *
  42. Re: Weird decision by avandesande · · Score: 1

    Actually I think they have extended it to the half life of protons.

    --
    love is just extroverted narcissism
  43. Bad news for RFP fans by mark-t · · Score: 2

    This is terrible news for anyone who makes unofficial replica film props.... I imagine that next year's comic-con costumes are going to be a bit plainer than they have been in a while.

  44. Re:Weird decision by stealth_finger · · Score: 1

    A character is a well defined literary concept. A car only becomes a character if it has the qualities of an intelligent entity. For example, KITT in Knight rider. In this context, the Batmobile may qualify for trademark protection but not copyright. I think we have an issue with legal fiction being too disconnected from reality to the point of legal delusion.

    Batman has no character either yet he's fine?

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  45. Which Batmobile by rossdee · · Score: 1

    There have been different Batmobiles throughout the history of the comic and movies
    My favorite is the Adam West one from the late 60's
    I saw one of those in real life at a Con a few years back.
    Anyway who are they going to sue next - tool companies that make utility belts?

    1. Re:Which Batmobile by Anonymous Coward · · Score: 0

      Certainly if they include Bat-Shark Repellent.

      That stuff is still under patent.

    2. Re:Which Batmobile by R3d+M3rcury · · Score: 1

      There have been different Batmobiles throughout the history of the comic and movies

      I'll admit, that has my curious.

      If you look here, for example, you will see various versions of the Batmobile.

      So is it the issue that this person is making his own "Batmobiles"? If he made really cool-looking cars but didn't market them as "Batmobiles", would that make a difference?

    3. Re:Which Batmobile by BarbaraHudson · · Score: 1

      This is the real original one, courtesy of George Barris. Everything before was just drawings.

      --
      "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  46. Re:Weird decision by stealth_finger · · Score: 1

    Phantastic!

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  47. Cant have anyone not in the club make money by Anonymous Coward · · Score: 0

    That is just silly. your payola must be large first. Exactly why no one works it is really not worth it.
    Low pay high deductible insurance no pension keep it find another sucker.
    No kids no pets I can get along just fine.
    When they quit braking into your home to take your worthless things and instead brake in when you are home to take your life you cant really wonder why.

  48. Re:Weird decision by Anonymous Coward · · Score: 0

    I would say the outcome conforms to the law, but it's nowhere near "correct". Not many things are correct when it comes to copyright law.

  49. Re:Weird decision by Sloppy · · Score: 0

    Yeah! Without a government-granted monopoly on the production of Batmobiles, the comic company had no incentive to R&D the appearance of a cool-looking car, since they were doing it at a loss.

    That's why you couldn't buy a 'legit' Batmobile previously, and why the Batmobile was never seen in the TV show or movies (except the pirate ones).

    Now that their monopoly is going to be upheld, the progress of arts and useful sciences will be successfully promoted by the government policy as planned. The comic company will start selling the cars and you might even some day see the vehicle appear in an audiovisual work of entertainment.

    This is why we have copyright!

    --
    As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  50. Re:Weird decision by Anonymous Coward · · Score: 0

    A car only becomes a character if it has the qualities of an intelligent entity. For example, KITT in Knight rider. In this context, the Batmobile may qualify for trademark protection but not copyright. I think we have an issue with legal fiction being too disconnected from reality to the point of legal delusion.

    You should have tagged your comment as "I am not a lawyer", because you are factually wrong. There is nowhere in copyright law that defines a character as having the qualities of an intelligent entity. Rather the character must have sufficient originality as to have taken on a secondary meaning, or gone above and beyond the mere concept of the generic to a significantly different meaning in the eyes of the audience. The Batmobile is most certainly this; it's not a standard sedan, it has a distinctive look and distinctive attributes and is only associated with Batman, a copyrightable character.

    Your opinion is not the law.

  51. Re: True but I think there's a legal principle her by Anonymous Coward · · Score: 0

    Frankly, there's a stronger trademark case here, than there is copyright. 1 he's making the replicas for profit, 2 they are part of the batman franchise which is trademarked to hell and back again.

    Now, if he changes a few things and calls them individual artworks "inspired by the movie series" they can start the whole thing again.

  52. Re:Weird decision by skapunker21 · · Score: 1

    Knowing = Half the battle.

  53. Re:Weird decision by darkain · · Score: 1

    Please note that this is just a brief summary by comparison to actual rulings in case law, and that this is limited to just photographs, only one subject of Copyright Law. But yes, there is very much a distinction on context.

    https://commons.wikimedia.org/...

  54. Re:Weird decision by hey! · · Score: 1

    Yeah but copyright law is not concerned with literary theory. So far as I know the notion that characters are copyrightable isn't written into any statutes. It certainly isn't written into the US Constitutional grant of copyright establishment powers to Congress. It's a matter of case law distinguishing between things like characters that are unique enough to copyright and things like themes which are universal enough to be impossible to copyright.

    So if a judge decides that the same reasoning that says characters like Bruce Wayne are copyrightable applies to the car he drives, from the point of view of the law the car functions as a character even though from a literary standpoint it's just set-dressing.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  55. Re:Batman. Marvel? by Anonymous Coward · · Score: 0

    Last time I checked this wasn't a forum for comic fanboys and nerds. There are likely to be quite a few people reading this that are more interested in the legal or automotive sides of the story than the 'man with tights on under his underpants' side.

  56. Re:Weird decision by mythosaz · · Score: 2

    2 * Battle = Knowing.

  57. Re:Weird decision by Dragonslicer · · Score: 1

    It is not that he was somehow hindering the sales of their cars.

    Which would certainly be an argument for little or no damages, but he can still be forced to cease infringing the copyright.

  58. Re:Weird decision by jimbolauski · · Score: 1

    Since it's a sig I couldn't properly cite my assertions.
    Knowledge itself is power - "ipsa scientia potestas est" Meditationes Sacrae Francis Bacon 1597.
    It's hard to contradict a a person so great that the best food known to man was named after him.
    Secondly how would Knowledge=PE follow the 1st law of thermodnamics, what energy is converted when you learn?

    --
    Knowledge = Power
    P= W/t
    t=Money
    Money = Work/Knowledge so the less you know the more you make
  59. Re:Weird decision by GLMDesigns · · Score: 1

    LOL

    That was good!

    I have to work on that. Here's a start:

    Let see now. We have a change in internal energy which is equal to heat added to the system minus work done by the system.

    Therefore:

    Knowledge requires the input of (axioms | theorems | facts) as well as work done to understand these (axioms | theorems | facts)

    Therefore the change (read increase) in knowledge = input of facts - minus the work needed to understand these facts.

    ...

    ...

    Let s=friction caused by ignorance

    --
    If you're scared of your govt then you need to further restrict its powers
    Vote 3rd Party in 2016 and beyond
  60. Re:Batman. Marvel? by KGIII · · Score: 2, Interesting

    That is true. I have a huge, all in special plastic wraps, collection of comic books. As in thousands of them - multiple boxes. Someone needed some money, I loaned them the money, and they gave me the comics in exchange for paying me back. This was years ago.

    They had them appraised at something like $6000 retail price. They only owed me $600. I want to say it was 1996. I have no idea what they're worth today and I've not read a damned one of 'em. I figured it was a good investment but it turns out that I didn't need 'em so I still own them. Maybe I'll get really bored some time and look through them. There are a lot of first edition stuff in there - one that I know is first edition is Wolverine and I want to say that the first comic he appeared in is also in the collection.

    I guess I could sell 'em but then I'd have to have them reappraised, inventoried, etc. There are boxes and boxes. They're special boxes made for the comic books and they're all wrapped in special plastic bags. Some of them (I presume they're worth more) are actually in stiff plastic cases. They'd had them appraised at retail value from two different shops and, as I recall, both of those shops - after appraising them, still only offered him $500 for the lot. There's an unopened leather-bound Batman in there. I don't know anything about comics, really, but the guy that I got them from actually said that one wasn't one of the more valued ones. I have no idea, I assume prices will have fluctuated.

    --
    "So long and thanks for all the fish."
  61. Re: Weird decision by KGIII · · Score: 2

    Damn you. I'd thought I'd missed something and we'd actually learned if protons decay and what their half-life is. I fired up a new tab and meandered over to Wikipedia (good enough for this) and... Yeah, no. I was all sorts of ready to be excited, like a dog when he hears his family on the other side of the door and thinks they might have brought him something with a flavor.

    For those playing the home game, it's a well known unsolved problem in physics.
    https://en.wikipedia.org/wiki/...

    --
    "So long and thanks for all the fish."
  62. Re:Batman. Marvel? by Mattcelt · · Score: 1

    I'll give you 800 for the lot, no questions asked. :-)

  63. Re:Weird decision by Anonymous Coward · · Score: 0

    Well, traditionally you absolutely could make a disney princess dress. The rule wrt clothing was, more or less, that only prints that you could figuratively lift from the textile were copyrightable. All the other elements--cuts of the cloth, pleats, gathers, ribbons, etc, no matter how extravagant, were neither individually or collectively copyrightable.

    Likewise, for cars the law was that as a general matter the functionality so overshadowed the creative styling of the item that you simply couldn't copyright it at all.

    These were bright lines rule, introduced to prevent plaintiffs and defendants alike, not to mention courts, from having to descend down the rabbit hole of teasing all of these elements apart, unleashing a flood of litigation and inefficient rent seeking in the market.

    And you know what? The rules were wildly successful. Despite the lack of copyright protection, both clothing and car styling is both intensely productive *and* intensely competitive. Both industries are pretty much the epitome of well-functioning markets--profitable but without many windfalls. The problem with the bat mobile case is that it throws into question the rules in both of these markets. And that's bad for everybody.

  64. Re:Batman. Marvel? by KGIII · · Score: 1

    I don't blame you for the offer. I won't be back in Maine until April - maybe the start of May. I just took a peek online and it looks like first editions and appearances of Wolverine (he was quite a fan) are worth a bit of money. I'm a bit lazy in my retirement so it's hard telling how much effort I'll put into finding out a more realistic value but, assuming they'd go to a good home, I might be willing to consider an offer. You might want to wait for me to get home and go through a few boxes and then give a more realistic price - I'd probably still be more than fair. I am not really in a position where I'm in need of an income.

    So, I don't know what I'll find but I've got Google and some boxes and can take a look when I get home. If you're legitimately interested in tendering an offer - AND - the offer is for a collection and not for a profit then I might be seriously inclined to investigate further. Feel free to hit me up via email. If I'm going to let them go to someone who's going to profit on them then I might as well get all that I can out of them. If they're going to a passionate collector then I'm not too worried about the value. Not sure if that makes much sense.

    --
    "So long and thanks for all the fish."
  65. Re:Weird decision by brantondaveperson · · Score: 1

    And they said algebra wasn't useful

  66. Re:Batman. Marvel? by painandgreed · · Score: 1

    If you're looking at selling them, you are pretty much looking at pennies per comic, or a certain price per standard comic box. 99% of them probably aren't even worth those pennies per comic but the people who buy collections are looking for the other 1% that are worth money. Collection from the mid-90's is sort of rough as it was when collecting was big and everybody was buying to speculate on the next big thing so there's lots out there. With the movies that have come out, prices have been upped for some things that were otherwise nearly forgotten, but still it's pretty much a buyers market for comics except for those issues everybody wants. That's before the CGC service and cases, so those special cases are probably not graded in a way that the current market will respect. So, you'd either need to sell them all at once, or have somebody come tell you which ones are worth money (or you could do that online would take a long time) to sell the few that were worth money and if you did it yourself it would be either Ebay or to a store for cheap.

  67. Re:Batman. Marvel? by Kjella · · Score: 1

    Sounds like the kind of thing you'd get a lot more money for today because it's easier to find buyers using eBay. Looks like a first edition Wolverine is anywhere from $300-$4000 alone, depending on the particular magazine and grade. I guess a lot depends on the source of the collection, if they bagged mint editions it'll be worth much more than used magazines that then were collected for preservation. Pretty sure you did a good investment.

    --
    Live today, because you never know what tomorrow brings
  68. Re:Weird decision by JThundley · · Score: 1

    He was profiting off their ideas, not their property.

  69. Re:Batman. Marvel? by KGIII · · Score: 1

    I want to say that there's also his first appearance in there as well. I don't remember all the details but there's actually a list of what's in the collection and an itemized retail value for everything. I'll have to OCR it when I get home. Then I can probably just script something to get a price list/average for them at retail and have some idea of the retail value. There's a scanned list somewhere on my NAS but I'm not spotting it. It's in with insurance documents, I figure they can do the work if something happens to them.

    I'll be home in a month or so. I'll see what happens then.

    --
    "So long and thanks for all the fish."
  70. Re:Batman. Marvel? by BarbaraHudson · · Score: 1

    What they're asking and what they're getting are not nearly the same thing. It's not unusual to set up several accounts, each selling the same comic (or other good) at different inflated prices, to make the lowest one look like a steal

    Golden age comics, and some silver age comics, are worth money. The problem is that when comic book collecting became big, people started buying them and stuffing them in mylar sleeves with acid-free backing boards, hoping to make money off them. The fact that there are so many comics stored like this drives down the price of one even in mint condition. Plus the gimmicky press runs (I remember watching collectors going oooh and aaaah trying to collect one Detective comic book that had a press run for each of 6 different colored covers - same story inside. They were selling for $15 each a week after release. Today, you'd be lucky to get that. BTW, a month later they were selling for $40 a copy, and people still bought them to "complete the series" That period was a real tulip mania.

    I went to high school with Gerry Ross, and a decade or so later I ended up building several stores for him in Montreal, one in LaSalle, and stores in Moncton, Kansas City, and New Jersey, as well as the move to the (then) new warehouse. Got a real good look at how the comic book business works, and trust me, it's all hype. And pretty cut-throat. One time Gerry paid a competitor $15k to drop out of bidding for a collection that he ended up paying $78k because there was no other bidder, then told US customs the guy was smuggling $15k back into the US from a drug deal. You'd have to ask the fool which hurt more - the forfeiture of the money or the cavity probes. It's a really ugly business, and let's face it - there isn't an overwhelming supply of Nicolas Cages wanting to buy Action #1.

    And the grading of comics and assigning prices to them is a scam. Has been since the original guide was published, and always will be.

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  71. Re:Copyright protects all the creative elements by by drainbramage · · Score: 1

    Well, no.
    Ever seen a Sidewinder boat?
    Ever seen the exact same boat, made from a mold made from a Sidewinder but sold by Glastron?
    Sidewinder sued and it turned out that judges can make decisions that follow their own reasoning rather than follow a series of decisions that we mere mortals can follow.
    http://www.leagle.com/decision....
    Maybe DC Comics and the movie studio are more 'influential' with a judge than some small time car customizer much like Sidewinder vs Glastron?

    --
    No brain, no pain.
  72. Useful Works Not Copyrightable, But The Name Is? by cmholm · · Score: 1

    DC Comics v. Towle at first appears to add to a slippery slope that would eventually see all car designs as copyrightable the moment they roll off an assembly line or a garage.

    But, a closer reading of the decision seem to show that what's at issue isn't the shape of the car so much as the names it is marketed under. The 9th Circuit built their opinion atop Halicki Films, LLC v. Sanderson Sales & Mktg. , to wit "an automotive character [Eleanor] may be copyrightable even if it appears as a yellow Fastback Ford Mustang in one film, and a silver 1967 Shelby GT-500 in another."

    The Carroll Hall Shelby Trust arranged for a custom car shop to create and market Shelby GT-500 "Eleanor" replicas. If you compare a "stock" GT-500 to the relatively minor mods that make "Eleanor" in the Gone In 60 Seconds 2000 remake, Shelby probably would have been in the clear just selling cars "resembling Eleanor". But, by marketing it as Eleanor, not so fast.

    I think this is even more clear with the Towle ruling. Making a Batmobile, probably fine. Marketing it as a Batmobile, with the likely-to-be trademarked Batman logo on the doors, rims, and steering wheel turns out to have been a risky move.

    Beating the example to death: if I want to revive a style by assembling and selling Studebaker Avanti lookalikes, and market them as Indietro, I'm probably safe under both the US Copyright Office's definition of "useful articles" and parody case law. But, if I try to slap Avanti on the nose, I'd probably soon end up in hot water with whoever current holds the copyrights and trademarks of the former Avanti Motor Corporation.

    --
    Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
  73. Re:Batman. Marvel? by Mattcelt · · Score: 1

    I've emailed you. Let me know if you haven't received it. :-)

  74. Re:Batman. Marvel? by RockDoctor · · Score: 1

    If I'm going to let them go to someone who's going to profit on them then I might as well get all that I can out of them. If they're going to a passionate collector then I'm not too worried about the value. Not sure if that makes much sense.

    Makes reasonable sense to me.
    s/ comics/ "fossils or minerals"
    I've given people specimens worth hundreds of pounds on field trips which I'd spotted, then "guided" the novice towards. Let them have the joy of discovery - I've got the pleasure of another interested and enthusiastic student/ pupil/ friend/ relative. A new mind in "this game" is almost incalculable in value, particularly if attached to educated eyes.

    --
    Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  75. Re:Batman. Marvel? by KGIII · · Score: 1

    I do not have it. Curiouser and curiouser. The email is valid, properly spelled, and is not obfuscated. (I'm not scared!) Another /.er used it just yesterday.

    I am not entirely sure why it's not there. It is not in junk nor is it in my inbox. I just checked all the other folders - not there.

    --
    "So long and thanks for all the fish."
  76. Re:Batman. Marvel? by KGIII · · Score: 1

    That's akin to what I figure. I'm not a collector but I know some people take it seriously. Some of the comics go back to the 60s so I'm guessing that they're of value to someone for reasons other than monetary. I've absolutely no need for money and I am able to appreciate that some people are interested in things that I am not. So, I'd much rather that they end up in good hands than to be locked away or just turned around and sold. Meh, call me weird, I guess.

    I don't really "collect" anything but I do end up with collections. I have a huge collection of automobiles, for example. I did not expect to, or intend to, collect them and they're not what other people would necessarily want but I like them. I've invested absurd amounts of money in them. (Like a 1982 Volvo 245 that's fully restored and marginally modified, a '73 Wagoneer, an '88 Honda Accord LX that I sent back to Japan for restoration - strange things like that.) I didn't really start out to collect them. I just somehow did. You could, almost, say I collect old computers but not really - I've just found some neat ones over the years and kept them. However, I can understand the mentality.

    --
    "So long and thanks for all the fish."
  77. Re:Batman. Marvel? by Mattcelt · · Score: 1

    Sent you another email from a different address... hopefully that one will get through. :-)

  78. Re:Batman. Marvel? by KGIII · · Score: 1

    Cool beans. I'll check it later - there's no huge rush, I hope? I won't be back in Maine until later this year (spring) and I'm actually trying to go to Cuba today or tomorrow. Today is no longer looking likely. I'm trying to get it expedited as I've never gone to Cuba directly from the US before (it was illegal) and I've never had my passport stamped with a Cuban stamp. I want to go there before they're more heavily influenced by the influx of Americans and, maybe, I'll look into some business opportunities there that do something other than leech from the people. I'm actually allowed to spend money there now. So, I'm kind of hoping to go soon but I'm not sure how long I'll get to stay.

    --
    "So long and thanks for all the fish."
  79. Re:Batman. Marvel? by Mattcelt · · Score: 1

    No rush at all! And I'm envious... I've not been to Cuba yet, either. I think I'll have to add that to my list for holiday travel for this year. Well, if you need a security architect in your business ventures, let me know. :-)

  80. Re:Batman. Marvel? by KGIII · · Score: 1

    We shall see. I've been on the phone with a guy that I met the last time I was there. I'm working on ways to bilk the tourists. ;-) (I'm not kidding. I'd give more details but let's just say that's the goal.)

    No, i didn't say defraud the tourists. Just a minor bilking is all. It looks like approval did not go through today.

    --
    "So long and thanks for all the fish."
  81. Re:Batman. Marvel? by Mattcelt · · Score: 1

    Isn't bilking the keystone of tourism? That's precisely why I despise 'tourist-y' things.

    Good luck getting your approval tomorrow. Sounds like great craic!

  82. Re:Batman. Marvel? by KGIII · · Score: 1

    LOL Still no approval. *sighs* It could take a while and, if it does, then I will not have time to go. But, I'm hopeful.

    --
    "So long and thanks for all the fish."