In a landmark decision that ends over two decades of legal battles, the U.S. Court of Appeals for the Ninth Circuit has ruled that Ford Mustang Eleanor movie cars aren’t eligible for copyright protection because they fail to qualify as a character, and are “more akin to a prop.” This May 27, 2025 ruling delivers a decisive victory for car enthusiasts, replica builders, and the automotive aftermarket industry.
Background of the Eleanor Copyright Dispute
“Eleanor” featured in four movies, with the latest being the “Gone in 60 Seconds” reboot released in 2000, starring Nicholas Cage. The name relates to a collection of Ford Mustangs which were first seen in the original film in 1974. The legal saga has involved an ongoing battle between Denice Halicki (widow of H. B. Halicki, the writer, director, producer and star of the original 1974 movie) and Carroll Shelby Licensing Inc.
The Towle Test Standard
The Ninth Circuit applied the reasoning from the DC Comics v Mark Towle case, which relates to the Batmobile. In that 2015 decision, the US Court of Appeals in California held that the Batmobile is entitled to copyright protection on the basis that it is an “automotive character” and a “sufficiently distinctive element” of the Batman franchise.
The court established three criteria for character copyrightability:
- Physical and conceptual qualities
- Consistent, identifiable character traits
- Especially distinctive elements
Why Eleanor Failed the Copyright Test
The Ninth Circuit determined that the district court was correct in its conclusion that the Ford Mustang Eleanor isn’t entitled to protection under existing copyright laws because it “lacks anthropomorphic qualities” such as expressing a personality, speaking, or “acting with agency and volition.”
Lack of Consistent Traits
Eleanor has evolved during its career. Early on, it was a 1971 Mustang Sportsroof finished in yellow. However, Eleanor’s form changed dramatically between, and even within, the Gone in 60 Seconds films, from a yellow fastback in the original 1974 film, to a beat-up junker in the 1982 film The Junkman, to a gray Shelby in the 2000 remake.
Court’s Final Determination
The Court held that “nothing distinguishes Eleanor from any number of sports cars appearing in car-centric action films” and concluded that “Eleanor” is not a copyrightable character (or even a character) as the car does not have “conceptual qualities, consistent traits, and [is] not especially distinctive”.
Eleanor Copyright Timeline Data
| Year | Event | Court/Entity | Outcome |
|---|---|---|---|
| 1974 | Original Gone in 60 Seconds film | H.B. Halicki | Eleanor introduced as 1971 Mustang |
| 2000 | Gone in 60 Seconds remake | Hollywood | Eleanor reimagined as Shelby GT500 |
| 2004 | First copyright lawsuit | California Federal Court | Case dismissed |
| 2008 | Halicki vs. Shelby | Federal Court | Halicki wins |
| 2020 | YouTube creator case | Eleanor Licensing LLC | Car seized from builder |
| 2022 | Shelby Trust lawsuit | U.S. District Court California | Shelby prevails |
| 2025 | Appeals Court ruling | U.S. Ninth Circuit | Eleanor denied copyright protection |
Impact on Automotive Industry
The court’s decision means that anyone—including you!—can restore an old Mustang into a replica of Eleanor and take it to Cars and Coffee without worrying about getting sued. This ruling opens significant opportunities for:
- Replica builders and restoration shops
- Automotive enthusiasts and collectors
- Custom car manufacturers
- Aftermarket parts suppliers
Legal Implications
“Ms. Halicki vows to seek further review of the May 27, 2025 decision of the United States Court of Appeals for the Ninth Circuit concerning copyright protection of motion picture characters like Eleanor,” according to a statement released by the law firm representing her. However, legal experts suggest this comprehensive ruling significantly weakens any future copyright claims.
Frequently Asked Questions
Q: Can I now legally build an Eleanor Mustang replica? A: Yes, the Ninth Circuit ruling confirms Eleanor replicas are legal since the car lacks copyright protection as a character.
Q: Does this affect other movie cars like the Batmobile? A: No, the Batmobile retains copyright protection due to its distinctive anthropomorphic qualities and consistent character traits.
Q: What’s next for Denice Halicki’s legal claims? A: Halicki may petition the U.S. Supreme Court, though this comprehensive federal appeals court ruling significantly limits her options.
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