Court lifts copyright protection on ‘Eleanor’ movie Mustang

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Current law dictates that if a fictitious personality has original or distinctive traits, that being is a “character,” and therefore covered by copyright protection like larger creative works, even if said character appears slightly different in various iterations over time. Take Dr. Who, for example. Different actors through the years, but same character — a character you can’t just write your own Whovian movie about without running into legal trouble. 

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But not all cases are as clear-cut. What about anthropomorphized characters, like cars in movies? Las Vegas-based Shelby and its legal arm, the Shelby Trust, had a vested interest in the answer to that question for decades, as it sought to open up the protections surrounding the Shelby-Mustang-based “Eleanor” character from the Gone in 60 Seconds film franchise.

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If you weren’t aware, a Mustang named “Eleanor” appeared in other films before the Nic Cage 2000 movie, dating back to the original Gone in 60 Seconds in 1974; and 1982’s The Junkman, where it appeared as a black-and-yellow 1971 Ford Mustang Sportsroof kitted out to look like a 1973. In the more modern Gone in 60 Seconds adaptation, Eleanor is a pepper-grey 1967 Shelby GT500. 

Throughout the canon, however, the car is the subject of desire of a professional car thief, and, according to original director-stuntman H.B Halicki’s widow, Denice Halicki, a character in and of itself, with traits such as strength, talent, and endurance. For decades, the law agreed with her, allowing Halicki to judiciously parcel out the copyright to replica producers and merchandisers who wanted to make their own Eleanors — and to pursue those who built cars without her consent. But now a California court has changed its opinion. 

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The U.S. District Court for the Central District of California ruled that the Mustang’s personality wasn’t consistent over the four films it appeared in, also adding that it’s not exactly unheard of to simply name a vehicle, reports Hemmings. “Eleanor’s make and model do not make it especially distinctive,” the ruling reads. “Eleanor is not entitled to standalone copyright protection as a matter of law.”

The ruling is good news for Shelby, which claims to have lost out on hundreds of millions of dollars of Eleanor-based business opportunities due to the copyright. It also may have implications for other famous movie cars, and the professionals and amateurs who would fashion replicas or other products in their image.