LOS ANGELES www.dailyjournal.com MONDAY, OCTOBER 12, 2015 Batmobile ruling not new, but the testContent is Matters By Andrew J. Thomas Godzilla were protectable, even though cluding Superman, Batman, Tarzan and, CONTENT MATTERS both had changed significantly across most recently, Holden Caulfield. ecognizing that characters often the numerous films in which they ap- The 9th Circuit initially took a much This is a monthly column devoted to matters are as valuable to content cre- peared. The court explained that the fact narrower approach to the issue in a of interest to those who create content of all kinds(entertainment, news,software, advertis- ators as plots and stories, courts R that “many actors can play Bond is a tes- case involving the iconic detective Sam ing, etc.) and bring that content to market. Our have long held that fictional characters tament to the fact that Bond is a unique Spade. In Warner Bros. Pictures v. CBS, hope is to shed light on key issues facing the may be independently protected under character whose specific qualities re- 216 F.2d 945 (9th Cir. 1954), the court creative content community. If you have ques- copyright law. The scope of that protec- main constant despite the change in announced that a literary character gen- tions, comments or topic ideas, let us know at tion can become murky when fictional actors.” MGM v. American Honda, 900 erally will not qualify for copyright pro-
[email protected]. Because content matters. characters, like real-world individuals, F. Supp. 1287, 1296 (C.D. Cal. 1995). tection but that it might be protected if it change over time — altering their ap- Even transforming from a malevolent “really constitutes the story being told.” pearance or evolving new traits.