Legal Question in Intellectual Property in Illinois

Hello my name is Rodney

When does one infringe on someone else's copyright concerning comic book characters?

What exactly is the law concerning commissioned work or work for hire in which an artist does a job for a fee, specifically an illustration for a clients personal use and enjoyment, meaning that the work will not be reproduced by said client for any financial gain.

I don't own the copyright to Superman, but can I draw Superman in an heroic pose specifically for another person and that person alone and get paid for my work with the understanding that the person who I am drawing for is receiving the work for personal use only.

I am not talking about mass producing anything for sale, or making prints(other than the print that would be made for the client). I am talking about a one on one exchange that would be between me and a client and not the broader public.

By looking at the internet, reading the blogs and going to social websites that feature art, it becomes apparent that a lot of people are doing it especially at comic book conventions where professional artists are doing sketches of various characters of which they own no copyrights for a fee. And yes I know that simply because a lot of people are doing it does not make it alright. Some call it fan art. I am an artist who really needs to make some extra cash but not if it would truly truly be infringing on someone else rights which is why I tried to be as specific as I could.


Asked on 11/17/09, 5:50 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Hi Rodney. There is likely to be a lot of legal comment on LawGuru about your post, but I am willing to be the first and willing to cut to the chase. It is not legal to make derivative works of copyrighted material. You can do it, and the cops are not going to come banging down your door, but you will get sued if you make any money off the project. That is the bottom line.

I will look for other lawyers' opinions on this board. I'm sure they are fun, but the bottom line is not different.

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Answered on 11/23/09, 8:39 am


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