Boston College Law Review Volume 38 Article 3 Issue 1 Number 1 12-1-1997 Toon Town: DO Cartoon Crossovers Merit Fair Use Protection? David London Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Entertainment, Arts, and Sports Law Commons Recommended Citation David London, Toon Town: DO Cartoon Crossovers Merit Fair Use Protection?, 38 B.C.L. Rev. 145 (1997), http://lawdigitalcommons.bc.edu/bclr/vol38/iss1/3 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. TOON TOWN: DO CARTOON CROSSOVERS MERIT FAIR USE PROTECTION? In 1989, after retiring his popular daily comic strip Bloom County, cartoonist Berkeley Breathed launched a new weekly cartoon known as Outland.' One of the starring characters was Mortimer Mouse, a " moth-eaten mouse with [a] 5 o'clock shadow . droopy red drawers . clutching what looks like a martini . smoking a cigarette [and] definitely . in need of a shave." 2 Mortimer, an obviously disreputa- ble-looking lampoon of Mickey Mouse, is the name Walt Disney origi- nally intended for the rodent star.' Upon reading the strip, Walt Disney Company chairman Michael Eisner sent Breathed a letter asking him to drop the Mortimer character. 4 Breathed, however, refused the re- quest.' Disney, known for its vociferous attacks on copyright infringers, allegedly threatened the cartoonist with a lawsuit.' Breathed, never one to shy away from criticism, incorporated the lawsuit into the strip itself by having the character Opus the penguin declare, "As the Walt Disney Co.