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The 9th U.S. Circuit of Appeals on Wednesday affirmed a
ruling against a manufacturer of replica Batmobiles.
"As Batman so sagely told Robin, 'In our well-ordered society,
protection of private property is essential,'" 9th Circuit Judge
Sandra Ikuta wrote for a unanimous three judge panel.
Larry Zerner, an attorney for defendant Mark Towle who sells
replica Batmobiles for approximately $90,000, said he was
disappointed in the ruling. The law specifically states that
automobile designs are not subject to copyright, he said.
"My client just sells cars," Zerner said. "The car is not a
character. The car is a car."
A spokesman for Time Warner Inc unit Warner Brothers, corporate
parent of DC Comics, declined to comment.
Towle runs a business called Gotham Garage, where he sells
replicas of cars featured in movies and television shows,
according to the ruling. DC Comics sued him for copyright
infringement in 2011, and a lower court judge ruled for DC.
In the 9th Circuit ruling on Wednesday, Ikuta wrote that DC must
prove it owns a copyright in the Batmobile as it appeared in the
1966 television series and the 1989 movie starring Michael
Keaton.
"To the Batmobile!" she wrote.
Batman's vehicle has consistent character traits that can be
protected by copyright, Ikuta wrote.
"No matter its specific physical appearance, the Batmobile is a
'crime-fighting' car with sleek and powerful characteristics
that allow Batman to maneuver quickly while he fights villains,"
she wrote.
Additionally, there is no dispute that DC created the Batman
character, and various licenses it has entered into over the
years did not transfer its underlying property rights, Ikuta
wrote.
The case in the 9th Circuit is DC Comics vs. Towle, 13-55484.
(Reporting by Dan Levine; Editing by David Gregorio)
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