October 12, 2015

In this article, Jenner & Block Partner Andrew J. “A.J.” Thomas examines a recent ruling that sought to clarify the question of whether an inanimate object – in this case, the Batmobile from the Batman TV series and 1989 Batman movie – is a “character” subject to copyright protection.  Mr. Thomas analyzes the Ninth Circuit’s decision in DC Comics v. Towle.   In that case, the opinion created a three-part test that aims to distill a general rule for all situations where copyright is claimed in a fictional character appearing in a comic book, television program or motion picture.  The article is the latest installment of Mr. Thomas’ “Content Matters” column.