Happy 95th Birthday, Mickey Mouse! As a present, starting next year, you will be part of the public domain! How exciting!
Copyright law has always tried to give way to and protect the creativity of individuals – be it art, music, or drama. Although creative works should always be protected, after a specific time, they become ingrained in the fabric of society. There should no longer be any need for the original creator – or their heirs – to still gain economic advantages from this work. The zeitgeist we are currently in would not be the same if we couldn’t publicly use the works of Mozart or Beethoven or see the art of Michelangelo or DaVinci. Soon, Walt Disney’s pride and joy will be part of this great group of works, at least in his most original form.
Being in the public domain means anyone can use it without having to get a license for it. That means that in his Steamboat Willie era, Mickey Mouse could be freely utilized by anyone without paying The Walt Disney Company to use him. Does this mean that anyone can use the character? In principle, yes. But there is a caveat. Mickey Mouse is still used as a trademark to represent the essence of the Disney Company’s brand. Mickey’s signature style – the one we think of as more prominent pupils, red shorts, white gloves, and yellow shoes – is still not free to use. If you have kids, you may have noticed how the past few Disney films include a snippet of the Steamboat Willie era Mickey Mouse. This tactic has been used to remind people that, even though this specific image will now be copied and used in other ways than what Disney has used it for, it is still emblematic of their company.
image: Flatland KC
Look no further than the 2023 horror film: “Winnie-The-Pooh: Blood and Honey.” The original Winnie-The-Pooh stories were published in 1926 by A.A. Milne and have gone into the public domain. The fundamental concepts of the story, which are the ones that are no longer protected, can be used, and works derived from them can be put out to the public without getting into legal problems. This horror film has the critical components in the characters and general disposition of the story but does not infringe on particular trademarks that may still be protected. It is similar to how Disney has protection in their version of classic fairytales and stories: Cinderella, Snow White, or Aladdin, but can’t stop anyone else from using the elements from those stories in their version.
So, once again, Happy Birthday, Mickey Mouse! Good luck in the public domain. Let’s hope people use your image positively (and don’t get in trouble for infringing on the trademark!).
José Portabella, Law Clerk, BridgehouseLaw Charlotte
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