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where does he get those wonderful toys

Judge: Custom Batmobiles Are Subject to Copyright

by Jamie Frevele | 2:06 pm, February 1st

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A judge in California has ruled that custom Batmobiles, like the ones made by Gotham Garage owner Mark Towles and owned by toddler pop music sensation Justin Bieber, are subject to copyright law because cars, apparently, do not fall under the “useful articles” exception. I have no idea what this really means for people who spend their money on Batmobiles, but if it means trouble for Justin Bieber, then that is more fun for everyone.

DC Comics sued Towles claiming that the cars he was making and selling through his business were in violation of copyright laws, and that the product was misleading customers into thinking that these cars were authorized by DC. In other words, they were made to seem like they were official Batmobiles. Towles’ response was that cars fall under the “useful articles” exception, which means that such items are not subject to copyright laws. This means that the design of the Batmobile itself — like the actual image and drawing of a Batmobile — is protected by copyright, but once it has been used for something with utilitarian purposes — like a functional automobile — the design is no longer protected. At least that’s what I gleaned from this article about lion costumes.

U.S. District Judge Ronald Lew, however, rejected Towles’ claim, saying that because the design is purely aesthetic and not functional — meaning that the custom Batmobiles cannot actually scale walls or shoot projectiles, I guess? — then custom cars that are designed a specific way for artistic and not utilitarian purposes do not fall under the exception:

“While automobiles (in their entirety) may be considered useful articles not protected by copyright, defendant’s motion utterly ignores the issue of separability of nonfunctional, artistic elements of plaintiff’s Batmobiles from the underlying vehicle.”

So, cars are useful articles. But a copyrighted design being used for a car is not. It is still a copyrighted design.

The bigger issue here is if Justin Bieber will merely have to relinquish his illegal Batmobile or pay a fine, or if he will be sent to the hoosgow forever and ever for commissioning the design in the first place. It’s practically like ordering a hit on someone, right?

(The Hollywood Reporter via Comics Beat)

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  • http://twitter.com/BunnyHugCat Corina Dee

    I like to think of it this way:
    Is DC Comics manufacturing their own batmobiles to sell for exorbitant prices to celebrities and millionaires? That is to say, are they losing money by having their design “stolen” when people could be buying their own authorized batmobiles? Is there any way a person could confuse this custom design batmobile for one produced by DC?

    No? That’s what I thought. Fucking greedy publishers.

  • Anonymous

    While I would like to agree with you, and even more I would like a real Batmobile, DC is probably doing this to protect their copyright.  If they DON’T file a lawsuit over something like this, someone else might produce a BatSuit, then claim it is okay because DC didn’t protect their copyright over the Batmobile.  Sounds stupid, I know, but the law would not differentiate between one (the car) and the other (a suit or a mask or a book).  I still want my own Batmobile.

  • http://profiles.google.com/lowsee Heidi Mason

    I understand the copyright protection thing, but… people DO create their own BatSuits… cosplay… is DC going to come after cosplayers next?

  • http://twitter.com/BunnyHugCat Corina Dee

    Exactly. They have to do this for legal reasons, but it comes across as an attack on the fans. Companies need to realize that they are only damaging their communities when they target fan-made creations. 

  • http://profiles.google.com/lowsee Heidi Mason

    Yes, that’s it exactly. I don’t have the skills to modify a car myself, but I have always dreamed of owning my own Batmobile. And many people want a quality cosplay outfit, but don’t have the skills to build it. Will those who sell those items to those willing to buy be shut down because of this? I find it scary and sad to think about :(

  • Anonymous

    Yes, DC Comics has a licensed Batmobile builder. Fiberglass Freaks… look it up.

  • http://twitter.com/Bat_Mann69 Bat Mann

    I think you’ll find, and please correct me if I’m wrong but DC DO NOT own the copyright to the car made by Fibreglass Freaks, George Barris does.
    He was commissioned by Greenway/20th Century Fox in 1965 to produce a batmobile for the TV series. WB/DC may own the name “batmobile” as intellectual property but not that particular design.
    The ’89 Batmobile and subsequent ones used in the films they probably own the design copyright for, though.