Over the years, Disney has threatened litigation against many independent artists and small businesses that they deem to have improperly profited from Disney’s most iconic characters. However, as of January 1st, the company lost some of its clout, because one of the original and most identifiable versions of Mickey Mouse, Steamboat Willie, entered the public domain after 95 years. Now, the stage is set to allow artists, business owners, and general Mickey Mouse fans to use this version of the famous character in their own projects without fear of being slapped with a copyright lawsuit.
Copyright is an area of law that protects creative and expressive works of literature or art. Copyright law originates from Article I, Section 8 of the U.S. Constitution, which gives Congress the power to enact laws that will “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” The underlying reasoning of copyright law is that to incentivize artists, protections are needed to allow artists to recoup their investment in the time and effort it takes to produce new works of art. Without these protections, competitors could easily copy works of art, passing them off as their own and depriving the original creator of any reward from creating the work. After receiving copyright protection, the creator or author can limit or restrict who is able to make copies of the work, distribute the work, display the work publicly, or make derivative works based on the original, thereby protecting the creator’s investment and incentivizing the creation of new works of art.
However, these copyrights are only secured for a “limited time.” For works published today, or any time after January 1, 1978, the work is entitled to copyright protection for the life of the author plus 70 years. Works with corporate authorship are entitled to protection for 95 years from the date of publication. These time periods have been increased several times since the first copyright act was signed into law in 1790. The version of the Copyright Act that preceded the one in effect today provided works with corporate authorship 75 years of protection from the date of publication. Under that version of the Act, and as the end of the protection term for Steamboat Willie approached, the Disney Company began lobbying for another increase to the length of the term. Disney threw its support behind the Sonny Bono Copyright Term Extension Act of 1998. Disney’s lobbying and support of this bill was so instrumental to its passage that the legislation is sometimes referred to as the “Mickey Mouse Protection Act.” This current version of the act extended protection for Steamboat Willie, and other works of art published prior to 1978, to a total of 95 years from the date of publication. For Disney and Steamboat Willie, that day finally arrived on January 1, 2024.
Less than a month after Steamboat Willie entered the public domain, several projects featuring the character have already been released and have attracted a large amount of attention. These projects include an indie-developed horror video game and a horror movie. On one hand, these projects illustrate the way that art can influence other art, as copyright law was intended to promote. Unfortunately for the Disney Company, these projects also highlight the downside of what can happen to these iconic characters once they enter the public domain. It is unsettling for some to see a beloved cartoon character depicted as a nightmare-inducing horror villain. It is easy to imagine why Disney would be upset by these projects and why they would much rather find a way to continue to control Mickey’s public image.
Fortunately for Disney, there are some important caveats to this milestone. For one, the only version of Mickey Mouse to enter the public domain on January 1, 2024, was Mickey as he appears in the 1928 cartoon, Steamboat Willie. This version of Mickey, while iconic and easily identifiable as the “original” version, is very different from the version that children and Disney fans are more familiar with today. The Steamboat Willie version is black and white, features a more simplistic art style, and notably, does not speak. The more modern iterations of Mickey Mouse remain protected by copyright law. For example, “Sorcerer Mickey” with his red robe and starry blue hat, as seen in the 1940 film Fantasia, will not enter the public domain until 2036. Even more recent versions of Mickey, such as the current cartoon-style shorts, will not enter the public domain until after the year 2100 or later.
Furthermore, the trademark rights that Disney holds in Mickey Mouse as a name or as part of a logo for the company remain unaffected. Trademark rights, unlike copyrights, do not have a defined end date and last as long as the trademark is still capable of identifying the brand. Accordingly, anyone using the Steamboat Willie version of Mickey will need to be careful not to implicate any of the valid trademarks Disney holds in the Mickey Mouse name or any of their branding. The Disney Company could still issue cease and desist letters or threaten litigation if the company believes that there is a likelihood of consumer confusion or a threat to its brand and reputation.
Ultimately, copyright law is intended to support and encourage creativity and the dissemination of the arts. It is founded upon the premise that society is better when people are allowed to freely create and share their projects with each other and the world. Accordingly, there is good reason to view iconic works entering the public domain in a positive light, as it allows new artists and fans to breathe new life into the original. However, those creative minds looking to use works in the public domain for their own profit should be wary of accidentally infringing on parts of the work that are not yet in the public domain or are protected by other areas of the law.
NOTE: The image used in this article is properly licensed by iStock.
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