Disney's iconic mouse entered the public domain on Monday. On Monday, the list of works whose copyright protection in the USA expires today was presented. In addition to Mickey and Minnie, there is also Tigger, Winnie the Pooh's tiger friend, but also several literary and musical works.
Mickey Mouse offers himself to the world. Some 95 years after its invention, the iconic Disney mouse entered the public domain on Monday, January 1st.
As every year, the Center for the Study of the Public Domain at Duke Law School has presented the list of works whose copyright protection is expiring in the United States today. And the first two versions of the characters Mickey and Minnie, which appear in the cartoons “Steamboat Willie” (1928) and “Plane Crazy” (1928), are now royalty-free, paving the way for possible revivals, adaptations and product derivatives, including litigation Disney. Your copyright expires after 95 years under US law.
Until now, cartoonists, filmmakers, authors and anyone else who wanted to use their image have been limited by Disney's frequent recourse to the legal system to stop copyright infringement. But now artists can freely copy, share or adapt “Steamboat Willie” and “Plane Crazy,” as well as use the first versions of the characters that appear there, including Mickey and his companion Minnie.
However, later versions of Mickey and Minnie, which appeared in many Disney films and television shows over the years, remain subject to copyright protection.
Legal disputes
“What's in the public domain is this kind of creepy little animal in black and white,” says Justin Hughes, a law professor at Loyola University. “The Mickey Mouse, best known to today’s generations of Americans, remains under copyright protection,” he continues to AFP, anticipating that “this will lead to legal disputes.”
The character appearing in these first cartoons is a thready and mischievous creature, far removed from the current appearance of the mascot. Formal notices could be sent to creators who dare to use newer elements of the character, such as his red shorts or his white gloves, the researcher predicts.
“Whatever you do to protect yourself from copyright infringement claims, you really have to create new things and be careful to build on 'Steamboat Willie,'” Rebecca Tushnet, a professor at Harvard Law School, told CNN.
In fact, she specifies, even if the Disney company “reluctantly admits” its influence on the image of “Steamboat Willie,” it will certainly sue anyone who recreates a version of the cartoon that more closely resembles Mickey Mouse.
trademark
The Disney Group therefore assured that it is “working to take safeguards to avoid confusion among consumers related to the unauthorized use of Mickey or other symbolic characters.” The multinational could therefore rely on those who protect the registered trademark. If copyright ended on January 1st, this does not apply to those protecting the registered trademark.
The former prohibit the unlicensed reproduction of the creative work and expire after a certain period of time. The latter protect the source of the work from products that could lead the consumer to believe that it comes from the original author. These rights may be extended indefinitely.
The company has also added a scene from “Willie’s Steamboat” to the opening of all animated films produced by its studios.
“They were very smart at Disney: they realized that it was best to turn this iconic scene into a registered trademark,” notes Justin Hughes.
Anyone who uses this image of Mickey at the helm of the ship for commercial purposes will therefore face legal consequences.
Other experts, like Jennifer Jenkins, are more optimistic about the potential uses associated with the public domain.
“Our Supreme Court has been clear that it is not possible to use trademark rights to circumvent the copyright process,” she recalls.
However, all experts expect future legal disputes. Anyone planning to use the Disney mascot commercially “should proceed with caution and consult a lawyer,” says Justin Hugues.
Tigger, Lady Chatterley's lover…
Mickey isn't the only character to enter the public domain. In 2022, it is the character Winnie the Pooh (by AA Milne) whose copyright has expired, which opens the floodgates to more fantastical interpretations of the teddy bear and, in particular, has allowed the creation of a horror film in 2023: “Winnie the Pooh: Blood and Honey '.
In 2024, “Winnie the Pooh: A Bear's Home,” a book in which the character Tigger appears for the first time, will also be released to the public, and with it the tiger.
Now released, the character Tigger will most likely be able to accompany Winnie in the horror film, the sequel of which is in preparation.
“The Blue Train” by Agatha Christie, Lady Chatterley's Lover by DH Lawrence, “Orlando: A biography” by Viginia Woolf or even Bobby Darin's musical hit “Mack the Knife”, taken from the German musical drama “The Opéra de quat'” sous' copyright was also revoked.
With AFP