In 2024, the first version of Mickey Mouse, released in 1928, was no longer exclusive to the Walt Disney Company.
The iconic character Mickey Mouse, a symbol of the Walt Disney Company for almost 100 years, entered the public domain this Monday (January 1, 2024). The first version of the character appeared in the animated short “Steamboat Willie,” released in 1928 by Walt Disney and artist Ub Iwerks. Now this model is available to everyone and can use it as they wish.
“Steamboat Willie” was the world's first soundanimated short film and marked the debut of Mickey Mouse. The work tells the story of Mickey, the assistant of a steamship captain. Mickey dreams of becoming a captain and tries to impress with his skills, but ends up causing trouble and hindering the captain's work.
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“Mickey's appearance in the animated short can now be enjoyed by the general public, including in adaptations, albeit in a limited form. “This is because Disney continues to own the latest versions of the character and also the name and therefore they cannot be used freely,” said Guilherme Guidi, researcher and postgraduate professor at PUC Minas and head of digital law at Freitas Ferraz office , in an interview with Power360.
Therefore, the character must continue to be a “symbol” of Disney in its most current versions.
Public Domain Day is celebrated on January 1st each year and marks the day intellectual works such as books, music and films enter the public domain. This means that these works are free of copyright and can be freely used and shared by the public. This freedom promotes access to knowledge, culture and creativity.
The character Minnie Mouse, Mickey's girlfriend, along with all characters appearing in the animated short, will also be in their original version without copyright restrictions. In addition to the talking mouse, the literary works “Nada de Novo no Front” (“All Quiet on the Western Front,” in English) by Erich Maria Remarque, which deals with World War I, and “Orlando: A Biography,” written by the British author Virginia Woolf, also enter the public domain.
In 2007, Walt Disney Animation Studios adapted a “Steamboat Willie” clip as a logo to extend rights to the older version of Mickey.
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Disney and Mickey have become synonymous in the popular imagination. Losing the copyright to Mickey Mouse could have a significant impact on the entertainment giant. An unprecedented fact in a century of history is that Disney will not have complete control over a character that is extremely important to its catalog and legacy.
In 2022, writer AA Milne's work “Winnie the Pooh” entered the public domain, leading to the creation of several versions of the famous bear. The following year, in 2023, a horror film titled Winnie the Pooh: Blood and Honey was released, which had a poor commercial performance and received only 3% approval from critics on the aggregator Rotten Tomatoes.
If horror, comedy and adult versions of the primary version of Mickey emerge, Disney will have no control over them. According to the expert, “The first version of the character that enters the public domain can no longer be a “protected work” and can be used freely.”
“The usage restriction, which damages the company’s image, only applies to parodies and other uses of versions of the character, which remain protected,” Guidi said.
“Mickey Mouse Protection Act”
In 1998, the United States Congress passed the Sonny Bono Copyright Term Extension Act, which extended the duration of copyright from 50 to 70 years after the author's death. This expansion was widely criticized as it favored major entertainment studios such as the Walt Disney Company. The company was one of the main supporters of the expansion.
Understand copyright law in the US and Brazil
Copyright is a form of legal protection for intellectual and artistic works such as books, music, films, software and artwork. They guarantee the author or his heirs the exclusive right to reproduce, distribute, publish, translate and edit the work.
In the United States, the duration of copyright varies depending on the type of work and the status of the author:
- Works published before 1978: Copyright remains 95 years after publication.
- Works published since 1978: Copyright lasts 70 years after the author's death.
- Works created by employees as part of their work: Copyright remains 120 years after creation or 95 years after publication.
The situation is different on Brazilian soil. According to Law No. 9,610/1998, the protection of ownership rights to a work lasts 70 years, counting from January 1 of the year following the death of the author..
This means that in the country, the version of Mickey Mouse that appeared in the short film “Steamboat Willie” will not enter the public domain until January 1, 2034.
“The two systems have important similarities. They protect the same types of works and guarantee authors the same fundamental rights. However, there are some key differences. In Brazil, copyright law is more comprehensive than in the United States. It covers a wide range of works, including folklore works, software, journalistic and scientific works,” Guidi said.