Disney’s earliest version of Mickey Mouse loses copyright protection
OAN’s Elizabeth Volberding
3:40 PM – Tuesday, January 2, 2024
The debut version of Mickey Mouse from the 1928 short film Steamboat Willie, a character who has been associated with the Walt Disney company for almost a century, is no longer exclusively owned by the company.
On Monday, the press announced that the character Mickey Mouse no longer is owned solely by the Walt Disney Company after it became fair game to use on January 1st, 2024, after entering the public domain.
The good-natured rodent, who has been one of the most well-known faces of the Disney brand for almost a century, has developed into one of the most iconic characters in United States pop culture.
However, due to the United States copyright law that enables copyright to be held for 95 years, Disney’s sole ownership of Mickey Mouse has officially come to an end.
“More modern versions of Mickey will remain unaffected by the expiration of the Steamboat Willie copyright, and Mickey will continue to play a leading role as a global ambassador for the Walt Disney Company in our storytelling, theme park attractions, and merchandise,” a Disney spokesperson said.
The Mickey Mouse from 1928 and the current mascot of the company are not the same. The Mickey of Steamboat Willie has small, pupil-less black eyes instead of the modern Mickey’s oversized shoes and gloves.
A Harvard Law School professor named Rebecca Tushnet, made a statement about the situation, claiming that while Steamboat Willie can be redefined in any way because of the public domain, certain elements of the more contemporary Mickey Mouse cannot be replicated. Disney retains trademark ownership over those versions.
“Whatever you do, to be protected against copyright infringement claims … you really have to be making new stuff and be sure you are basing it on Steamboat Willie,” Tushnet said.
Tushnet also stated that although Disney is forced to “grudgingly concede” its hold on the reputation of Steamboat Willie, the company will most likely sue anyone who recreates a new version of the character that nearly resembles Mickey Mouse.
The Harvard professor forecasted that one of the initial places that the character might be recreated is on Etsy, an online selling platform. However, she said that one poor step may open small businesses and artists on Etsy up to lawsuits from Disney.
“Unfortunately, those people are precisely the kind of people who are unlikely to have the resources to actually figure out the legal boundaries,” Tushnet stated.
However, Disney’s close grip on the iconic character may hold some exceptions. Even the more contemporary rendition of Mickey Mouse can be exhibited for purposes of education, satire, or parody.
“Disney will continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright, and we will work to safeguard against consumer confusion caused by unauthorized uses of Mickey and our other iconic characters,” a Disney spokesperson told the press.
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How does the entry of Mickey Mouse into the public domain impact the balance between copyright protection and the public’s access to cultural icons
The End of an Era: Mickey Mouse Enters the Public Domain
On January 1, 2024, a significant milestone was reached in the world of intellectual property. The debut version of Mickey Mouse, the iconic character from the 1928 short film “Steamboat Willie,” entered the public domain, no longer exclusively owned by the Walt Disney Company. This development has sparked discussions about the implications and potential consequences for both Disney and the wider creative community.
For almost a century, Mickey Mouse has been associated with the Walt Disney Company and has become one of the most recognizable and beloved characters in pop culture. However, the United States copyright law, which grants copyright protection for 95 years, has come to an end for the earliest Mickey Mouse iteration.
In response to this milestone, a Disney spokesperson reassured fans that the expiration of the “Steamboat Willie” copyright would not affect more modern versions of Mickey. The character will still play a leading role as a global ambassador for Disney across various platforms, including storytelling, theme park attractions, and merchandise.
It is important to note that the Mickey Mouse of 1928 differs from the current mascot of the company. The Mickey of “Steamboat Willie” has small, pupil-less black eyes, while the modern version sports oversized shoes and gloves. Rebecca Tushnet, a professor from Harvard Law School, emphasized that although the “Steamboat Willie” character can be redefined by anyone due to its entry into the public domain, Disney retains trademark ownership over the more contemporary versions.
Tushnet also cautioned that while Disney may have to ”grudgingly concede” its hold on the reputation of “Steamboat Willie,” the company is likely to take legal action against anyone who recreates a new version of the character that closely resembles Mickey Mouse. Online selling platforms like Etsy, where small businesses and artists thrive, might be a breeding ground for such recreations, potentially exposing creators to lawsuits from Disney.
However, there are exceptions to Disney’s tight grip on the character. Even the more contemporary rendition of Mickey Mouse can be exhibited for educational, satirical, or parody purposes. This allows for creative freedom while still respecting Disney’s copyright on the more recent versions.
The entry of Mickey Mouse into the public domain represents a significant shift in the landscape of intellectual property. It raises questions about the balance between copyright protection and the public’s access to cultural icons. As the creative community navigates this new territory, it is essential to consider the legal boundaries and explore new avenues for artistic expression while respecting the rights of copyright holders.
In the coming years, we may witness reimaginations of the iconic character and debates surrounding the line between homage and infringement. The legacy of Mickey Mouse will continue to evolve alongside the changing landscape of copyright law.
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