Nearly a century after his arrival on screens, the famous Mickey Mouse enters the public domain on Monday, paving the way for possible revivals, adaptations and derivative products, as well as legal battles with Disney.
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The copyright for the animated film “Willie's Steamboat,” a 1928 black-and-white short film that introduced the general public to the rodent that became a global pop culture icon, expires on January 1 after 95 years under American law .
A deadline well known to filmmakers, admirers, lawyers, intellectual property specialists and even directors of the Disney group, who in the past have managed to extend the duration of these copyrights.
“This is a deeply symbolic and highly anticipated moment,” said Jennifer Jenkins, a public domain specialist at Duke University.
Anyone can now freely copy, share or adapt Willie's Steamboat and Plane Crazy – another animated short film from 1928 – as well as use the first versions of the characters that appear there, including Mickey and his companion Minnie.
Artists therefore have the right to create a “climate change awareness version” of “Willie's Steamboat” in which the ship is stranded at the bottom of a dry river, or even a feminist version in which Minnie holds the bar, Jennifer suggests Jenkins before.
This would be reminiscent of recent revivals of the characters Sherlock Holmes and Winnie the Pooh, whose copyrights recently expired.
“Litigation”
However, to achieve this, creators must tread carefully.
In a press release to AFP, the multinational Disney group assured that it “continues to protect its rights to newer versions of Mickey and other works that remain under copyright protection.”
Later versions of the characters, including those appearing in the 1940 animated film “Fantasia,” remain outside the public domain and may not be copied without permission from Disney.
“What's in the public domain is these kinds of creepy little black and white animals,” says Justin Hughes, a law professor at Loyola University.
“The Mickey Mouse, best known to today’s generations of Americans, remains under copyright,” he continues, anticipating that “this will lead to legal challenges.”
The character appearing in these first cartoons is a thready and mischievous creature, far removed from the current appearance of the mascot.
Therefore, 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.
Additionally, if copyright ends 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.
“Guardrails”
The Disney Group assured that it is “working to take safeguards to avoid any consumer confusion related to the unauthorized use of Mickey or other iconic characters.”
The company 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 clearly stated that it was 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,” summarizes Justin Hugues.