Slashdot Mirror
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.
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.'"
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.
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.
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.
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."