The year 2024 welcomed everyone with a news flash on Mickey Mouse, an iconic cartoon character. The Steamboat Willie, the first version of Mickey and Minnie Mouse, created in 1928, entered the public domain after the copyright expired, precisely 95 years after its first production. This just happened a few months after Disney celebrated its 100th anniversary. The effect of this being that the entire movie, including the animations, the characters, the soundtrack, and other elements, are no longer protected by US copyright so that it becomes open to the public to use as they deem fit in the United States (US).
The concept of works in the public domain
Copyright protection is limited and not everlasting. Generally, the duration of copyright in the US is based on when a work was created or produced as follows: works created on or after January 1, 1978;[1] works created but not published or copyrighted before 1978;[2] and subsisting copyrights,[3] that is copyrighted works which had not yet expired as of 1978. Notwithstanding the category a work falls into, the typical duration of copyright in the US is 70 years after the author’s death, with a maximum [TL1] of 95 years from the production date or 120 years from its creation, whichever comes first as the case may be.
Previously, under the US Copyright Act of 1909, the duration of copyright was for 28 years with an option of renewal for another 28 years. Then the 1976 Copyright Act extended it from 28 years to 47 years for subsisting copyrights that had not entered the public domain. However, the 1998 Sonny Bono Copyright Term Extension Act further extended it to 67 years for such works.[4] Disney’s Steamboat Willie falls under this category of subsisting copyrights, hence, giving it the right to enjoy the 67-years term extension. As the 95-years term expired on the last day of December 2023, the long-protected version entered the public domain.[LB2] [TL3]
During the protection period, the copyright holder retains the exclusive right to reproduce, distribute, and profit from the work. Once the work enters the public domain, these exclusive rights expire, allowing anyone to use, adapt, or modify it without seeking permission or paying royalties. This is the status of Disney’s Steamboat Willie.
Are other IP rights of Mickey Mouse/Disney affected?
Copyright protection is evaluated on a case-by-case basis. Even if a work is associated with a copyrighted work, it may only automatically be protected by copyright if it meets the specific requirements for copyright protection. In the given instance, although the copyright on the Steamboat Willie version of Mickey Mouse has expired, it does not mean that other intellectual property rights surrounding Mickey Mouse or Disney properties are no longer protected. Disney holds a broad portfolio of intellectual property rights, such as trademarks.
Trademarks, unlike copyrights, do not have expiration dates as long as the owner continues to use them to represent a brand. Trademarks prevent others from using registered marks, symbols, or names in ways that could cause consumer confusion, particularly in merchandising, theme parks, or other commercial ventures. Disney has protected the name Mickey Mouse as a trademark alongside other several symbols, such as the iconic Mickey Mouse silhouette, his red shorts, yellow shoes, his signature ears, and white gloves.
On the other hand, only the 1928 version of Mickey Mouse, Steamboat Willie, has entered the public domain. Other modifications or versions of Mickey Mouse after 1928 remain protected until expiration. For instance, the modern, more refined version of Mickey Mouse remains firmly under Disney’s control, with its recognizable voice and character traits. Thus, while someone can use Steamboat Willie, the 1928 version of Mickey Mouse, they cannot legally use the more modern versions or derivative works based on these newer depictions.
Disney’s trademarks still give it the authority to prevent unauthorized uses of Mickey Mouse that could affect its brand image. Hence, businesses that intend to rely on the public domain Mickey Mouse to create merchandise or entertainment products would need to navigate Disney’s robust IP defenses cautiously. Unauthorized commercial use of Mickey Mouse’s likeness could lead to legal challenges under trademark law if confused with an expired version.
The status of Steamboat Willie version of Mickey Mouse in other countries
Copyright protection varies by country, although similarities may exist. In most countries, like the US, copyright lasts throughout the life of the author(s) and some years after the author’s death or the last surviving author in the case of multiple authors. In some cases where the author is not identifiable, the date of publication or creation will be used to determine the duration. Singapore has 70 years after, the death of the author or publication or creation.[5] While in South Africa, copyright lasts for 50 years after the death of the author, or publication, or creation.[6] In the UK[7] and other parts of the EU, it is 70 years after the death of the author, publication, or creation.
Determining whether Steamboat Willie has expired in other countries depends on the criteria used. In the UK for instance, the life of the author is the determinant where the identity of the author is known.[8] ‘Author’ here is the producer and the principal director.[9] Therefore, copyright in Steamboat Willie may still subsist up to 2036 as Walt Disney, its producer and principal director died in 1966. Notwithstanding the country of origin is US, its duration will not exceed 70 years.[10]
The discrepancy in laws can impact the use of copyright works internationally. As Steamboat Willie has entered the public domain in the US, it may be different in other countries, especially if attributed to the author instead of the creation or publication date. In other words, the scope of legal use of the Steamboat Willie will differ depending on where the content is being created or distributed.
Conclusion
The entry of the original Steamboat Willie version of Mickey Mouse into the public domain is a significant milestone for Disney and the broader field of copyright law. While this development expands the range of uses available to the public and businesses, Disney’s strategic hold over trademark protections and later copyrights ensures that Mickey Mouse will remain a valuable asset for the company.
As businesses and individuals explore the possibilities presented by the public domain, caution remains necessary to avoid infringing on Disney’s enduring IP rights. The Steamboat Willie case is a prominent example of how intellectual property laws can influence creativity and business.
[1] Section 302 Ch.3 of Title 17, Copyright Law of the United States
[2] Section 303 Ch.3 of Title 17, Copyright Law of the United States
[3] Section 304 Ch.3 of Title 17, Copyright Law of the United States
[4] Section 304 1(B)(ii), Ch.3 of Title 17, Copyright Law of the United States
[5] Sections 114, 115, and 125 of the Singapore Copyright Act, 2021
[6] Section 3 (2) (b) of the South Africa Copyright Act, 1978
[7] Section 12, Copyrights, Designs, and Patents Act, 1988
[8] Section 13B (2) as cited above
[9] Section 9 (2) (ab) as cited above
[10] See section 13B (7) as cited above
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