Abstract

In its September 2015 decision in DC Comics v. Towle, the United States Court of Appeals for the Ninth Circuit recognized the existence of a copyright for inanimate characters. The court held that the Batmobile – a fictional car driven by a fictional superhero – was an independently copyrightable work. This article explores the problems with the Ninth Circuit's analysis and argues that increasing copyright protection for what the authors call “microworks” is misguided and harms First Amendment interests.

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