Gone from Copyright: Ninth Circuit Rejects Copyright Protection for Iconic “Eleanor” Shelby Mustang

Court Narrows Scope of Character Copyright, Drawing Sharp Line Between Props and Protectable Expression

On May 27, 2025, the Ninth Circuit made a significant ruling in the case of Carroll Shelby Licensing, Inc. v. Halicki, stating that the iconic "Eleanor" Mustang from the Gone in 60 Seconds film franchise is not eligible for copyright protection as a character. This decision highlights a clear distinction between pop culture props and characters that can be protected under copyright law.

A Mustang Named Eleanor

The "Eleanor" Mustang featured in four films over 25 years, including the original Gone in 60 Seconds (1974) and the 2000 remake starring Nicolas Cage. Despite its recurring role as the final heist target, Eleanor's appearance varied significantly across the films, leading to the court's decision that it lacked the consistent and identifiable traits required for copyright protection.

The Legal Test: Towle’s Three Prongs

The Ninth Circuit applied the test from DC Comics v. Towle, which determined that the Batmobile qualified as a copyrightable character. However, Eleanor fell short on all three prongs of the test:

• No character identity: Eleanor lacked autonomy and consistent traits.
• Inconsistency: The Mustang's appearance changed significantly across films.
• Not distinctive: While iconic, the court deemed Eleanor as a generic action-movie muscle car.

Eleanor vs. The Batmobile

The ruling highlighted the contrast between the Batmobile, which had consistent visuals and a narrative role, and Eleanor, which lacked defining characteristics and coherence, resembling more of a film prop than a protectable character.

Practical Implications for Businesses and IP Holders

The decision emphasizes the importance of narrative role, consistent visual identity, and character traits for copyright protection. When copyright protection falls short, businesses can explore trademark and trade dress rights as alternative avenues for safeguarding intellectual property.

Contracting Takeaways: Draft with Clarity, Define with Precision

Parties involved in intellectual property disputes can benefit from clearly defining protected elements in contracts, including "look-and-feel" clauses to preserve distinctive designs. Layered IP protection combining copyrights, trademarks, trade dress, and trade secrets can provide comprehensive coverage and mitigate legal risks.

Final Thoughts

The Ninth Circuit's ruling in Carroll Shelby v. Halicki underscores that copyright law protects expression rather than iconography. Creators and businesses are advised to define and develop protectable characters with depth and precision, utilizing contracts to address potential gaps in copyright protection.