Intellectual Property,
9th U.S. Circuit Court of Appeals
Oct. 13, 2015
Batmobile ruling not new, but the test is.
The 9th Circuit's ruling finding that the Batmobile is a protectable 'character' is not all that groundbreaking, but what is new about the decision is the three-part test devised by the court.
Andrew J. Thomas
Partner
Jenner & Block LLP
Phone: (213) 239-5100
Email: ajthomas@jenner.com
Harvard Univ Law School; Cambridge MA
Andrew represents content owners in copyright, trademark and First Amendment matters. CONTENT MATTERS is a monthly column devoted to matters of interest to those who create content of all kinds (entertainment, news, software, advertising, etc.) and bring that content to market. Our hope is to shed light on key issues facing the creative content community. If you have questions, comments or topic ideas, let us know. Because content matters.
CONTENT MATTERS
Recognizing that characters often are as valuable to content creators as plots and stories, courts have long held that fictional characters may be independently protected under copyright law. The scope of that protection can become murky when fictional characters, like real-world individuals, change over time - altering their appearance or evolving new traits. Last month, the 9th U.S. Circuit...
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