The Ninth Circuit Court of Appeals has ruled that the iconic 1967 Ford Mustang fastback from the movie ‘Gone in 60 Seconds’ known as ‘Eleanor’ is a film prop rather than a protectable character. The ruling states that the car fails all three Towle test prongs, which are used to determine if a subject can receive standalone copyright protection.
In the past, studios have been known to aggressively pursue builders for any Mustang that even remotely approximated Eleanor, making it a hassle to restomod classic Mustangs. This decision marks a significant shift from previous practices and may have implications for future cases involving similar film props. The ruling is expected to provide clarity for car enthusiasts and legal experts dealing with copyright issues related to movie-based vehicles.
The outcome of this case could affect how filmmakers and studios approach the creation and protection of their props, potentially opening the door for more creative freedom in future projects. Legal experts are now analyzing the decision to understand its broader impact on intellectual property law, particularly in the entertainment industry. The ruling is a reminder that while movies can inspire real-world vehicles, the legal boundaries of such inspiration remain clear.