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Disney is about to lose copyright on original Mickey Mouse

The copyright for the oldest version of Mickey Mouse expires in 2024. What does this mean for the world's most famous mouse?

This is how it all started: The first Mickey Mouse version from 1928

Probably the most famous cartoon character of all: Mickey Mouse. In 2024, the earliest version of the beloved rodent will enter the public domain. Mickey Mouse, as it is spelled in English, first appeared in the 1928 animated short “Steamboat Willie” – the first animated film , which has been voiced.

In the United States, copyright for original works lasts 70 years after the author's death. However, it is valid for 95 years for works created anonymously, pseudo-anonymously or by an employee as part of his or her job. Works published before 1978, such as Mickey Mouse, only have copyright for 95 years from the date of publication.


Subsequent Mickey Mouse versions are protected until their 95th birthday Years have passed – but the first version of Mickey Mouse is nearing the end of its copyright protection. Since its inception, the popular mouse has undergone a number of changes: The Mickey Mouse of yore looked different to the slightly rounder mouse of today. She had a pointy nose like a rat and thin arms and legs.

This version is essentially in the public domain. However, if this original version of the mouse is recognized as a trademark, Disney could still retain some rights, although the company loses copyright on “Steamboat Willie”. “The first question is whether Disney uses 'Steamboat Willie' not only as a character but also as a symbol for Disney,” Jane Ginsburg, professor of literary and artistic property law at Columbia Law School, told DW.

Copyright versus Trademark

A trademark is a recognizable symbol or phrase associated with a product or service of a particular company or individual. Unlike copyright, it can last forever. In addition, a trademark does not have to be registered in the USA in order to be considered such.

So if the version of Mickey Mouse in “Steamboat Willie” is considered a symbol for Disney, the company can say that it is a trademark. This means the characters can be used, but only in a way that doesn't mean they're strictly Disney characters.

Winnie the Pooh as a serial killer

What it means when Disney characters Characters entering the public domain is exemplified by Winnie the Pooh. The original stories and characters by Alan Alexander Milnes (1926) have been in the public domain since early 2022.

But Disney's iconic image of the character, the yellow bear with the red t-shirt, who first appeared in a short animated film in 1966, is still copyrighted. The entertainment giant also holds several trademark rights to the popular teddy bear, which limits use of the character on products.

The limits of Disney's copyright ownership of the character will be explored in a new non-Disney film, 'Winnie the Pooh: Blood and Honey,' a horror film slated for release later this year. It reinvents the character of AA Milne as a serial killer.

“We knew what [Disney's] copyright was and what they were doing,” director Rhys Waterfield told Variety magazine. “So we did as much as we could to make sure [the film] was only based on the 1926 version”. Name aside, you couldn't confuse the honey-loving bear with Disney's. Pooh is wearing a lumberjack suit and his features are distorted.

Dead Brands: From Aspirin to Thermos

If a trademark becomes a generic term for a class of product or service, the company may lose the right to call it its trademark. That's why Google announced in 2013 it would take action against consumers who use “google” as a generic term when they don't actually use the Google search engine.

“Brand owners want to have both,” says Ginsburg. “They want the word to be a household name as long as people have two ideas in their minds at once – that Google is a synonym for search, but also that Google is a specific company doing the search.”

Mickey Mouse in “Steamboat Willie”: here the mouse looked different than today

Famous examples of brands and products that have become generic are Aspirin and Thermos. “There's actually quite a number of dead brands that have lost their connection, often because the brand owner hasn't properly overseen use of the brand – the word has stopped meaning an individual brand,” explained Ginsburg. When the validity of a trademark is questioned, polls are conducted to determine whether people associate the trademark with a specific brand or product.

Why does copyright expire?

When a person goes to the trouble of creating an original work, one would think that they should keep the rights permanently. So why are authors and inventors only given limited property rights? The US Constitution's Patent and Copyright Clause states that Congress has the power to “promote the advancement of science and the useful arts by securing to authors and inventors for a limited period the exclusive right to their respective writings and discoveries .”

“So how do you encourage the advancement of knowledge? First you get people to create works, and then you get those works widely distributed,” says Ginsburg. And finally the works would then be made fully available through the public domain.

 

From the English by Sven Töniges.

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