The current copyright term was adopted in 1998, but Congress is unlikely to expand it further. (Photo: Bloomberg)
The iconic American cartoon character Mickey Mouse entered the public domain on Monday when Disney's copyright expired according to American law on the last day of 2023, after no less than 95 years.
At least one version of this vital piece of intellectual property will be free of Disney's copyright, as the first film version of Mickey Mouse in the 1928 short film “Steamboat Willie,” starring both him and Minnie Mouse, became available for public use on January 1.
'Mickey Mouse Protection Act'
US law allows copyright to be retained for 95 years. Jennifer Jenkins, a law professor and director of Duke's Center for the Study of Public Domain, explained that the law is sometimes derisively referred to as the “Mickey Mouse Protection Act,” but that it wasn't just Disney that sought multi-term extensions. the law. “It was a whole group of copyright holders whose works would soon enter the public domain who benefited enormously from the 20 years of extra protection,” she said.
The current copyright term was adopted in 1998, but Congress is unlikely to expand it further. This is close to but different from European Union law, where a person's intellectual property is protected for 70 years after the death of the creator or 70 years after the death of the last surviving author in the case of a work of joint authorship.
Is Mickey Mouse completely free?
Due to the 95 year period, the other versions of the character are not affected by the expiration of the Steamboat Willie copyright. The law only applies to the non-speaking boat captain Mickey, who appeared in the 1928 film.
More modern versions of Mickey will remain subject to copyright and the character will continue to play a leading role as a global ambassador for the Walt Disney Company in our stories, theme park attractions and merchandise, Disney said in a statement on the matter.
Since Mickey Mouse's first appearance in the 1928 short film Steamboat Willie, people have associated the character with Disney stories, experiences and authentic products,” a Disney spokesperson said. “That won't change if the copyright on the Steamboat Willie film lapses. “
Restrictions on Use
Although the character has entered the public domain, the leading entertainment major still holds the trademark rights to Mickey as a corporate mascot and brand identifier. The character may not be used deceptively to indicate that the product belongs to the original creator, Disney.
Disney's statement said it “will work to prevent consumer confusion caused by unauthorized uses of Mickey and our other iconic characters.
steamer Willie
In the almost century-old short film, Mickey pilots a boat and makes musical instruments from other animals. The song inspired the title of the Buster Keaton film Steamboat Bill Jr, which was released just a few months before Steamboat Willi. Keaton's film has been in the public domain since 1956, because the copyright was not renewed.
Another popular fictional character, Tigger, has entered the public domain along with Winnie the Pooh as the book in which the bouncing tiger first appeared, 'The House at Pooh Corner', turns 96 years old.
(With input from AP)
First print: January 2, 2024 | 1:45 p.m IST