The “old-time” Mickey Mouse enters the public domain

2024 started with something special for Disney’s iconic Mickey Mouse: the mouse entered the public domain (transitioned on January 1st). But detail: only the character’s first appearances in “Steamboat Willie” and “Plane Crazy” take place in this new situation.

These animations date back to 1928 and were Mickey Mouse’s debut to the public, together with his companion Minnie. The little mouse has many similarities with the current version. But, in addition to being black and white (and having other different details), the behavior is more mischievous and rude (in fact, during most of the scenes in “Steamboat Willie”, Mickey enjoys forcing animals to be tools musical).

So, there are 95 years of animation history, and under US law, the copyright on it has expired. And many were waiting for it.

Using Mickey Mouse sparingly

Despite Mickey Mouse’s entry into the public domain, copyright law in this regard remains complex. For example, more recent design changes or representations such as the Wizard Mickey Mouse from “Fantasia” are not included.

Additionally, you may not create works that falsely imply that they are from Disney, as Mickey Mouse is also a registered trademark of the company. To get a better idea of ​​the differences between the “Mickey Mouses,” check out the recent trailer for “Steamboat Silly,” the final episode of “The Wonderful World of Mickey Mouse” that is part of The Walt Disney Company’s centennial celebration:

Challenges and possible legal battles

Experts point out that creators who dare to use newer elements of the character could receive legal warnings. In other words, putting the mouse in red shorts or white gloves goes beyond what is permissible.

Mickey Mouse is also a registered trademark. Kembrew McLeod, professor of communications and intellectual property scholar at the University of Iowa (USA), recalls that trademark law in the country deals entirely with the protection of brands, logos and names – such as Mickey Mouse in the logo or, simply, name Baby mouse.

“And, of course, there is no end to trademark law,” adds Ruth Okediji, a professor at Harvard Law School. Disney and other companies, she says, use trademarks to increase control over intellectual property. “As long as the trademark remains distinctive in the provision of goods and services, the registered trademark owner can protect it.”

NPR

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Source: Olhar Digital