Eleanor Mustang Not a Copyrightable Character, Court Affirms

It has been settled: The famous Eleanor Mustang from Gone in 60 Seconds isn’t a character you can copyright.

A U.S. Court of Appeals just ruled that even though Eleanor is a movie legend, legally, it’s just a prop, not a personality, that gets its own copyright protection.

Photo Credit to Mecum Auctions

So why isn’t Eleanor a “character” in the eyes of the law? Well, the judges used a set of rules called the Towle test.

This test came from a 2015 case where the Batmobile was considered a character because it had unique features and almost a mind of its own.

But when the court looked at Eleanor, they found it didn’t quite measure up. It lacked human-like qualities or consistent traits that would make it more than just a highly customized, albeit awesome, car. For fans, Eleanor is a star; for the law, it’s a cool car used to tell a story.

Photo Credit to Mecum Auctions

This court decision is the latest turn in a legal fight that has been going on for an incredible 20 years. The main players are Denice Halicki, widow of H.B. Halicki, who created the original Gone in 60 Seconds film, and the Shelby group.

Denice Halicki holds the copyrights to the movies and was involved in the 2000 Nicolas Cage remake, which featured the arguably more famous 1967 Mustang “Eleanor” customized by Chip Foose.

That silver screen machine, with its signature side-exit exhausts and aggressive stance, has launched countless replicas.

Photo Credit to Mecum Auctions

The court made it clear that whether a movie car counts as a “character” for copyright really depends on the specific car and situation. Something like Herbie the Love Bug, with its clear personality, might pass the test.

But Eleanor, for all its fame, didn’t cross that line for the judges. This ruling doesn’t take away from Eleanor’s legendary status in car and movie culture, though.