Legal Question in Entertainment Law in Illinois

Can Mickey Mouse get me?

Hello there, I am starting a personal business where I write and illustrate costumized books for children. This isn't just putting their name in an already written book, but rather letting them tell me what they want in the story and I bring it to life by writing it out and drawing the pictures. Each book would be given to one child, no copies would be made or distributed to anyone else. People pay money to get their very own personalized story for themselves. My question is: if a child wants a book where he/she has an adventure with a copyrighted character like Batman or Mickey Mouse, and I make that book using that character, can I be sued and will the law be on my side? Remember this would not be for mass distribution. Only one child would get a book and that's it, no copies would bw made. Would I have ''fair Use'' on my side or is this an open and shut guilty case?

Thank you.


Asked on 9/21/05, 10:26 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Can Mickey Mouse get me?

I cannot fathom any interpretation of fair use which would allow what you propose. You simply cannot argue that your books comment upon, criticize, or parody the copyrighted characters. You are using the copyrighted characters for profit, even if it is only one at a time.

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Answered on 9/21/05, 11:58 am


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