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Ford Mustang Eleanor From Gone In 60 Seconds Can't Be Copyrighted (caranddriver.com)

(Tuesday June 03, 2025 @11:20AM (msmash) from the ticket-closed dept.)


The Ninth Circuit has ruled that the 1967 Ford Mustang fastback nicknamed "Eleanor" in Gone in 60 Seconds is a film prop [1]rather than a protectable character . The panel said the car fails all three Towle test prongs, so it cannot receive standalone copyright protection. [2]sinij writes:

> The ruling states that the Mustang doesn't pass tests that would qualify it as a character. In the past, studio aggressively went after builders for any Mustang that even remotely approximated Eleanor, making it a hassle to restomod classic Mustangs.



[1] https://www.caranddriver.com/news/a64938535/ford-mustang-eleanor-gone-in-60-seconds-ruling/

[2] https://slashdot.org/~sinij



Some background would be helpful (Score:3)

by UnknowingFool ( 672806 )

There were a series of 4 movies Gone in 60 Seconds (1974), The Junkman (1982), Deadline Auto Theft (1983), and the remake of Gone in 60 Seconds (2000). Each of these films featured various Ford Mustangs named "Eleanor" with the last one using a GT-500 Ford Mustang from Shelby Group. Denice Halicki owns the copyrights from the first 3 and licensing rights for the remake. After the remake, the Shelby Group licensed a custom car shop to produce “GT500E” Mustangs based on the remake's "Eleanor". Halicki sued Shelby for copyright infringement but the two parties settled in 2009. After the settlement, the Shelby Group then licensed another company Classic Recreations to make “GT-500CR” Mustangs. Halicki sued again for copyright infringement and this ruling says she cannot copyright the car as a character.

Re: (Score:2)

by timeOday ( 582209 )

I don't get the "as a character" aspect. Most things we are familiar with being copyrighted are not characters - songs, books, paintings, also movies, e.g. "Gone in 60 Seconds" as a whole. So why would is a car design not copyrightable even if it's not a "character"?

Weirdness (Score:2)

by JBMcB ( 73720 )

So they think they can bolt a body kit on to a stock Mustang and own the likeness of that Mustang?

Can I re-edit Gone in 60 Seconds and claim ownership of that? No? That's odd.

On par for Found-On-Road-Dead (Score:2)

by Sebby ( 238625 )

> In the past, studio aggressively went after builders for any Mustang that even remotely approximated Eleanor, making it a hassle to restomod classic Mustangs.

They pulled the same [1]kind of bullshit in the past [justia.com] for any website that mentioned "Jaguar" - even websites that was exclusively about the animal, an nothing automotive.

[1] https://law.justia.com/cases/federal/district-courts/FSupp2/177/635/2571220/

Herbie the Love Bug? (Score:1)

by Tablizer ( 95088 )

...Is Herbie copyrightable as a character?

Re: Herbie the Love Bug? (Score:1)

by leeosenton ( 764295 )

That's a tough question! I think Herbie is a character.

Re: (Score:2)

by SleepingEye ( 998933 )

The Towle test prongs: "The character must generally have physical as well as conceptual qualities. The character must be sufficiently delineated to be recognizable as the same character whenever it appears. It must display consistent, identifiable character traits and attributes, although the character need not have a consistent appearance. The character must be especially distinctive and contain some unique elements of expression. It cannot be a stock character like a magician in standard mag

Re: (Score:2)

by segoy ( 641704 )

The Towle test is: 1) The character must generally have physical as well as conceptual qualities. 2) The character must be sufficiently delineated to be recognizable as the same character whenever it appears. It must display consistent, identifiable character traits and attributes, although the character need not have a consistent appearance. 3) The character must be especially distinctive and contain some unique elements of expression. It cannot be a stock character like a magician in standard magician ga

Easy workaround (Score:2)

by mccalli ( 323026 )

Did it start and run more than twice in a row? Well then, it's not an Eleanor clone.

A selection from the Taoist Writings:

"Lao-Tan asked Confucius: `What do you mean by benevolence and righteousness?'
Confucius said: `To be in one's inmost heart in kindly sympathy with all
things; to love all men and allow no selfish thoughts: this is the nature
of benevolence and righteousness.'"
-- Kwang-tzu