Eleanor (automobile)

Last updated
Eleanor
1967 Ford Mustang Shelby GT-500 Eleanor.jpg
A replica of the Eleanor Mustang
Overview
Manufacturer Ford
Body and chassis
Class Pony car/Muscle car
Body style 2-door fastback

"Eleanor" is a code name used in independent filmmaker H. B. "Toby" Halicki's 1974 film Gone in 60 Seconds to refer to a 1971 Ford Mustang (redressed as a 1973 [1] [2] ) featured in the film. The name is also used in the 2000 remake for a customized Shelby Mustang GT500.

Contents

Eleanor (in 1974 film)

Though four Mustangs are portrayed in the film as "Eleanor" targets, only two cars were used for filming the movie, with license plates and tires alternated as necessary. Of these two, one car was modified for the stunt driving necessitated by the final chase and wrecked in the process, while the other was kept intact for all external "beauty shots". The latter car was also used for all but two interior shots. [3]

Prepping the two 1971 Mustangs for the film

Both 1971 Mustang Sportsroofs used in the film (neither car has been proven to be a Mach 1, as often assumed) were bought in 1971, but—as it was three years before Halicki could raise sufficient funds to start filming—each car was facelifted with 1973 grilles for the film (though each retain 1971 front bumpers, lower valances, and fenders). [2]

As with the liberties taken with the body modifications, Halicki's paint scheme featured a unique blackout treatment to the lower bodyside, taillight panel, and standard hood; similar, but not identical to Ford factory offerings on the Mach 1 (and Exterior Decor Group [4] on Sportsroofs) at the time. All identifiable badging spelling the "Mustang" name was removed, though the grille badge and "Ford Motor Company" hubcaps are visible in the film. [2]

Despite claims that both cars were painted in Ford's Medium Yellow Gold, [5] Halicki, in a 1974 interview, stated that the cars were painted "generic school bus yellow" to save money. [6]

Stunt Eleanor

The modified car required 250 hours of labor before it was ready for the film. [1] All body panels were removed [7] in order to install a roll cage throughout the Mustang's stock unibody. The transmission was also chained in for safety. An adjustable camera rig was mounted in the back seat to capture footage from the internal "driver's point of view".

The wrecked Eleanor was equipped with a base interior and no instrumentation package, but utilized seats from the Mustang's deluxe interior package; sourced from the beauty car. Conversely, the beauty car had deluxe interior, with the standard seats from the stunt car swapped into it.

Other safety modifications included: [8]

The interior of the stunt car is seen only once in the film, when Halicki—as Maindrian Pace—places his hands against the windshield when cornered by the Long Beach police. The rollcage is clearly visible against the A-pillar. All other interior shots were executed with the "beauty" car, generally on alternate filming dates.

The stunt car survives to this day, [10] despite two serious incidents during filming.

The first occurred during a stunt wherein "Eleanor" cuts across multiple lanes of freeway traffic. The stunt driver leading the "traffic" overshot his mark during the take, clipping the Mustang and causing it to careen into a nearby light pole. Halicki was rendered unconscious from the impact, but filming resumed the following week—utilizing this accident as part of the final film. [11] Halicki's first words—upon regaining consciousness—were "Did we get coverage?" [12]

Following the incident with the light pole, Halicki compressed multiple vertebrae after performing the impressive 128-foot jump in the closing minutes of the film. The modified Mustang survived, despite the rough nose landing. [13]

Beauty Eleanor

The second car was left absolutely stock—as noted by cinematographer Jack Vacek in the film's DVD commentary—and was not modified extensively other than the obligatory matching paint job, grille change, and seat swap with the stunt car.

Though this car was not damaged during filming, Halicki claimed (in 1974, at the film's premiere) that the car was crushed. [14]

Eleanor (2000 film)

Custom 1967 Mustang Fastback Eleanor from the 2000 Gone in Sixty Seconds film. 1967 Ford Mustang Shelby GT-500 Eleanor.jpg
Custom 1967 Mustang Fastback Eleanor from the 2000 Gone in Sixty Seconds film.

In 1995, Denice Halicki, H.B. Halicki's widow, licensed the rights of the 1974 film to Disney for a remake of the same name. The new 2000 Gone in 60 Seconds film, produced by Jerry Bruckheimer, features Nicolas Cage as master auto thief Randall "Memphis" Raines. Both films share plot similarities about a crew of thieves who steal a large order of cars (48 in the original, 50 in the 2000 film) and deliver them to the Long Beach docks. Once again, the "Eleanor" name is given to the film's featured car; now a Dupont Pepper Grey 1967 Ford Mustang fastback, depicted as a Shelby GT500, with a customized body kit designed by Steve Stanford. [15]

Screen-used vehicles

Depending on the source, either eleven [16] or twelve [17] cars were built by Cinema Vehicle Services for the film (not including CVS's creation of one additional Eleanor clone—with a Ford 428—for producer Bruckheimer). [18] Nine were shells, and three were built as fully functional vehicles. [18] Seven were reported to have "survived the filming [and] made it back to Cinema Vehicle Services" according to research by Mustangandfords.com. [19]

Of the surviving vehicles, three cars have been offered to the public with claims of originality and screen-use in the film, as follows:

Cinema Vehicle Services number [20] VIN Sales history
?7R02S211287Sold at Barrett-Jackson's 2009 Scottsdale, AZ auction for $216,700. [21]
77R02C173895Sold at COYS Autosport International January 2012 auction (Birmingham, UK) for £95,000. [22] Later offered at Mecum's Austin, Texas auction on December 12, 2014; did not meet reserve at $380,000 USD. [16]
97R02C179710Sold at Mecum's Indianapolis auction on May 18, 2013 for US$1,000,000. Touted as the "main" hero car in the film and used for promotional photographs. [23] [20] [24]

All three claim to be functional builds for the film. [25] [22] [23] Whether the two wrecked cars were rebuilt—or whether surviving shells were built up into functional cars—remains unknown and unpublicized.

A fourth car, VIN #7F02C229830, last offered for sale in Dubai, also claims originality to the film. This car has not been authenticated. [26] [27]

Reproductions

Between 2007 and 2009, Classic Recreations manufactured reproductions of the 2000 film's Eleanor Mustang under license by Halicki Films/Eleanor Licensing. [28] After two years Classic Recreations terminated the licensing agreement. Classic Recreations produced two models of the Eleanor Mustang (535 model, 750 model).

Fusion Motor Company of Chatsworth, California holds a license for Halicki-approved Eleanor reproductions. [29]

Over a number of years, Denice Halicki has claimed to own the copyrights to "Eleanor" as a "character", including its various body styles and likenesses. These lawsuits have sparked uncertainty among many in the car community, concerned that personal replicas or online media could be legally actionable. [30] [31]

2004: Halicki vs. Unique Performance

In 2004, Halicki brought a court case against specialty car builder Unique Performance. The company had entered into a licensing agreement with Carroll Shelby to create replica Shelby GT500 vehicles with features associated with the 2000 movie car. The case was thrown out when a judge ruled that only Disney, not Halicki, held the copyright to the sequel car. An agreement between Disney and Halicki was eventually arranged. [32]

2008: Halicki vs. Shelby

A further "Eleanor" copyright suit was brought against Carroll Shelby, claiming Shelby and another specialty builder, Classic Recreations, were producing unlicensed "Eleanor" replicas (following Shelby's termination of business with prior builder Unique Performance). At the time, the United States Court of Appeals for the Ninth Circuit ruled in Halicki's favor. [33] [34] [35]

2020: Halicki vs. B is for Build

In May 2020, Halicki filed a case against YouTube video creator Chris Steinbacher, known on the platform as "B is for Build." Steinbacher had been creating a 1967 Shelby replica (built over a 2015 Mustang) on his channel, dubbed "Eleanor." [36]

The case was found in Halicki's favor at the time, resulting in Steinbacher being forced to relinquish the car as part of the suit's resolution. [37]

2022: Carroll Shelby Licensing vs. Halicki

Following the 2008 ruling, Halicki brought further lawsuits against Classic Recreations, alleging that their licensed Shelby GT500 reproductions were violating the claimed "Eleanor" copyright. These actions also included legal letters addressed to "owners and an auction house" from Halicki, in an effort to prevent the resale of these cars. [38] [39]

These actions eventually resulted in Carroll Shelby Licensing filing a case (collectively with Classic Recreations) against Halicki in 2022. As a result of this suit, the United States District Court for the Central District of California invalidated Halicki's copyright claims, ruling that the assertion that Eleanor—as a distinctive character—was "an invention of overzealous advocacy", and that the car was "not entitled to standalone copyright protection as a matter of law". [40]

2023: Halicki Appeal to Ninth Circuit

In February 2023, Halicki appealed the previous ruling with the Ninth Circuit. [41] Bench trial testimony was heard in March, with U.S. District Judge Mark Scarsi ultimately dismissing Halicki's copyright claims in June of the same year, making no ruling on the case. [42] [43] [44]

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References

  1. 1 2 "Gone". gonein60seconds.com. Archived from the original on 4 October 2003. Retrieved 17 January 2022.
  2. 1 2 3 "1971 Ford Mustang Sportsroof (modified as 1973) in "Gone in 60 Seconds, 1974"". IMCDb.org. Retrieved 2018-04-22.
  3. ↑ "1971 Ford Mustang Sportsroof (modified as 1973) in "Gone in 60 Seconds, 1974"". IMCDb.org. Retrieved 2018-04-22.
  4. ↑ "Decor Group 71-72-73". 14 January 2014.
  5. ↑ https://www.cjponyparts.com/resources/mustang-eleanor-history [ bare URL ]
  6. ↑ "Gone in 60 Seconds (1974) - observations, did Halicki really steal Eleanor, etc". 7173mustangs.com. Retrieved 2018-04-22.
  7. ↑ "1305 Gone In 60 Seconds Denice Halicki Original Eleanor 1973 Ford Mustang - Photo 45098269 - Gone in 60 Seconds - Leading Lady". Mustangmonthly.com. 2013-06-13. Retrieved 2018-04-22.
  8. ↑ "Movie Mustangs - Gone in 60 Seconds (1974)". Mustang Specs. Retrieved 2018-04-22.
  9. ↑ "Gone in 60 Seconds Original Eleanor 1971 Mustang @ The Petersen Automotive Museum". YouTube. 2014-05-12. Archived from the original on 2021-12-17. Retrieved 2018-04-22.
  10. ↑ "1305 Gone In 60 Seconds 1973 Ford Mustang Movie Scene - Photo 45098266 - Gone in 60 Seconds - Leading Lady". Mustangmonthly.com. 2013-06-13. Retrieved 2018-04-22.
  11. ↑ Donald Farr. "Gone in 60 Seconds - Leading Lady - Mustang Monthly Magazine". Mustangmonthly.com. Retrieved 2018-04-22.
  12. ↑ "Gone in 60 Seconds (1974)". IMDb.
  13. ↑ "Film locations for Gone In 60 Seconds (1974)". Movie-locations.com. Retrieved 2018-04-22.
  14. ↑ "Gone in 60 Seconds (1974) - observations, did Halicki really steal Eleanor, etc". 29 April 2014.
  15. ↑ "One of the Original "Eleanor" Mustang GT500 Film Cars Going under the Hammer". Carscoops. 2012-01-06. Retrieved 2018-04-22.
  16. 1 2 "1967 Ford Mustang Eleanor | S117 | Austin 2014". Mecum.com. Retrieved 2018-04-22.
  17. ↑ "173 0011 16z+1967 Ford Mustang GT500+Front Passenger Side - Photo 9049618 - Gone in 60 Seconds Mustangs". Mustangandfords.com. 2000-11-14. Retrieved 2018-04-22.
  18. 1 2 "173 0011 14z+1967 Ford Mustang GT500+Engine - Photo 8830304 - Gone in 60 Seconds Mustangs". Mustangandfords.com. 2000-11-14. Retrieved 2018-04-22.
  19. ↑ John Pearley Huffman. "Gone in 60 Seconds Mustangs - Mustang Monthly Magazine". Mustangandfords.com. Retrieved 2018-04-22.
  20. 1 2 "1967 Ford Mustang Fastback - Eleanor - Actual Car from Gone in 60 Seconds". Archived from the original on 2016-03-04. Retrieved 2014-08-03.
  21. ↑ "1967 Ford Mustang 'Eleanor - Gone in 60 Seconds' - 71644". Barrett-jackson.com. Retrieved 2018-04-22.
  22. 1 2 "[Updated] Original 'Gone In 60 Seconds' Movie Car To Go Under The Hammer". 67mustangblog. Retrieved 2018-04-22.
  23. 1 2 "Gone in 60 Seconds Eleanor Mustang Sets Mecum Record - Record Setting Mustang Movie Car". Roadandtrack.com. 2013-05-21. Retrieved 2018-04-22.
  24. ↑ "Another Eleanor Movie Car to Be Auctioned at Mecum". 67mustangblog. Retrieved 2018-04-22.
  25. ↑ "1967 Ford Shelby Mustang GT500 ELEANOR: Original Movie Car up for Sale". Carscoops. 2008-06-27. Retrieved 2018-04-22.
  26. ↑ "Original Eleanor movie car on sale in Dubai". 67mustangblog. Archived from the original on 2013-02-13.
  27. ↑ "Deals on Wheels". Archived from the original on 2014-08-08. Retrieved 2014-08-03.
  28. ↑ Ramsey, Jonathon (2009-10-19). "Review: 1967 Classic Recreations Eleanor Mustang is the real movie deal". AutoBlog. Retrieved 2020-06-15.
  29. ↑ "Eleanor Legacy - Fusion Luxury Motors". Fusion Motor Co. Retrieved 2020-06-16.
  30. ↑ Holderith, Peter (2020-06-02). "YouTuber's 2015 Ford Mustang 'Eleanor' Tribute Build Seized by Gone in 60 Seconds Trademark Holder". The Drive. Retrieved 2020-06-16.
  31. ↑ Sykes, Nolan (2020-08-10). "How a Lawsuit Killed Youtube's Most Exciting Project Car". YouTube . Archived from the original on 2021-12-17.
  32. ↑ Zimmerman, Martin (2008-03-01). "Eleanor knockoffs spark a knock-down, drag-out fight". Los Angeles Times. Retrieved 2020-06-15.
  33. ↑ "GMSR: Recent Win: Ninth Circuit reverses judgment against GMSR's clients in copyright/Trademark case concerning "Eleanor" from "Gone in 60 Seconds"". Archived from the original on 2014-07-29. Retrieved 2014-07-24.
  34. ↑ "Denice Halicki Wins Dispute with Carroll Shelby over 'Eleanor' Name". 67mustangblog. Archived from the original on 2020-01-06. Retrieved 2020-08-11.
  35. ↑ "Ninth Circuit Court Hands Winning Victory to Denice Halicki in Dispute with Carroll... | Reuters". Reuters . Archived from the original on 2013-07-05.
  36. ↑ "Eleanor Mustang from 'Gone in 60 Seconds' no longer copyrighted". 13 December 2022.
  37. ↑ "Don't call it Eleanor: Legal troubles for YouTube's B is for Build". 9 June 2020.
  38. ↑ "Shelby's Lawsuit Means Freedom for Eleanor Builders and Owners.. But You Still Shouldn't Build One". YouTube . 31 January 2023.
  39. ↑ "DocumentCloud".
  40. ↑ Strohl, Daniel (2022-12-10). "Court rules against copyright protection for Eleanor; could other movie cars be next?". Hemmings Motor News. Retrieved 2022-12-26.
  41. ↑ https://www.hemmings.com/stories/eleanor-trial-set-for-march/ [ bare URL ]
  42. ↑ http://www.murchisonlaw.com/userfiles/file/'Gone%20In%2060%20Seconds'%20Producer%20Warned%20Of%20Contempt%20At%20Trial%20-%20Law360[2].pdf
  43. ↑ "Shelby's Co. Says '60 Seconds' IP Bench Trial No Photo Finish - Law360 UK".
  44. ↑ "'60 Seconds' Producer Says Shelby's Co.'s Suit Crashed Deal - Law360".
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