DC Comics v. Towle

Key takeaways

Mark Towle built and sold full-size replicas of the Batmobile as it appeared in the 1966 television series and the 1989 film. DC Comics sued him. The Ninth Circuit held that the Batmobile, although a car, is a character in its own right: it has consistent, recognisable traits and is especially distinctive. It is therefore protectable by copyright, whatever its successive appearances.

The ruling matters beyond Batman: it shows that a recognisable element of a fictional universe can be protected on its own, and that selling physical replicas of it, like costumes or props, exposes the seller to infringement claims.

The court set out a three-part test for protecting a character independently of the work in which it appears. It must have physical as well as conceptual qualities, be sufficiently delineated to be recognised from one appearance to the next, and be especially distinctive. The fact that the Batmobile changes shape over time did not prevent it from passing the test: its consistent traits are enough.

French law has no equivalent test. A character is protected there if it is original, and its name and appearance may be protected separately. But the practical result is close: an iconic vehicle, weapon or suit of armour from a game can be protected in its own right.