Mickey Mouse, with several asterisks, qualifications, and caveats, will be the leader of the band of characters, films, and books that will become public domain as the year 2024 approaches.
Many close observers thought it would never happen, but at least one version of the quintessential piece of intellectual property and perhaps the most iconic character in American pop culture, Mickey Mouse, will be free of Disney’s copyright as his first screen release, the 1928 short “Steamboat Willie,” starring both Mickey and Minnie Mouse, becomes available for public use.
“This is it. This is Mickey Mouse. This is exciting because it’s kind of symbolic,” said Jennifer Jenkins, a professor of law and director of Duke’s Center for the Study of Public Domain, who writes an annual Jan. 1 column for “Public Domain Day.” ”I kind of feel like the pipe on the steamboat, like expelling smoke. It’s so exciting.”
U.S. law allows a copyright to be held for 95 years.
“It’s sometimes derisively referred to as the Mickey Mouse Protection Act,” Jenkins said. “That’s oversimplified because it wasn’t just Disney that was pushing for term extensions. It was a whole group of copyright holders whose works were set to go into the public domain soon who benefited greatly from the 20 years of extra protection.”
Artists and creators will be able to use Mickey Mouse but with significant restrictions
“Ever since Mickey Mouse’s first appearance in the 1928 short film Steamboat Willie, people have associated the character with Disney’s stories, experiences, and authentic products,” a Disney spokesperson said in a statement to The Associated Press. “That will not change when the copyright in the Steamboat Willie film expires.”
Artists and creators will be able to use Mickey, but with significant restrictions. Only the more nefarious, rat-like, non-speaking boat captain in “Steamboat Willie” has been made public.
“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,” Disney’s statement said.
However, not every feature or personality trait exhibited by a character is necessarily copyrightable, and courts may be busy in the coming years determining what is within and outside of Disney’s ownership.
“We will, of course, continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright,” the company said.
Disney retains a separate and distinct trademark on Mickey as a corporate mascot and brand identifier, and the law prohibits using the character deceptively to trick consumers into thinking a product is from the original creator. Anyone launching a film studio or a theme park will not be able to use mouse ears as their logo.
According to a statement from Disney, the company “will work to safeguard against consumer confusion caused by unauthorized uses of Mickey and our other iconic characters.”