On January 1, 2024, an early version of the entertainment company’s mascot, featured in Walt Disney’s 1928 short film, “Steamboat Willie,” entered the public domain for the first time.
Having been associated with the Disney brand for almost a century, the witty rodent has become one of the most recognizable figures in American popular culture. But since US copyright law, last updated by Congress in 1998, allows copyright to be held for 95 years, Disney’s sole claim to the character has officially ended.
Though there are some restrictions, we might start to see more of Mickey.
In a statement, a Disney spokesperson said, “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.”
The Mickey from 1928 and the current company mascot are not the same. Not only does the Mickey of “Steamboat Willie” not have the oversized shoes and gloves of the current Mickey, but his eyes are small black ovals without pupils.
While Steamboat Willie is in the public domain and anyone can imagine Steamboat Willie however they please, elements of the more contemporary Mickey Mouse cannot be replicated, according to Harvard Law School professor Rebecca Tushnet. Disney maintains trademark rights to those.
“You really have to be making new stuff and making sure you are basing it on Steamboat Willie, whatever you do, to be protected against copyright infringement claims,” the woman stated.
Tushnet said that although Disney will have to “grudgingly concede” its hold on the image of Steamboat Willie, the company will likely sue anyone who recreates a version of the cartoon that more closely resembles Mickey Mouse.
The Disney spokesperson said that the company 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.
Tushnet predicted that one of the first places we may subscribe to our daily newsletter is to stay up-to-date on all the most important business news. small sellers and artists up to litigation 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 said.
However, some exceptions exist to Disney’s tight grip on its mascot. Even the more modern version of Mickey Mouse can be shown for educational purposes, Disney has a
IRM holds on to its mascot, but there are some exceptions. public domain recently. In 2022, the copyright on A.A. Milne’s original Winnie the Pooh character expired, opening the floodgates for more fantastical interpretations of the yellow teddy bear, including the 2023 horror film “Winnie the Pooh: Blood and Honey.”
Tushnet said it’s “definitely possible” that the early version of Mickey could get the same treatment.
