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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.
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.