Credit: DisneyAs many fans of Disney may know, Mickey Mouse, the Disney icon, has been under Disney’s control since 1928, but today, things are changing for the big-eared fellow.
In the United States, the duration of copyright protection has evolved over time. The general rule is that works created on or after January 1, 1978, are protected for the life of the author plus 70 years. For works created for hire, anonymous works, and pseudonymous works, the copyright duration is 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.
The connection to Mickey Mouse and the public domain involves the ongoing extensions of copyright terms. The character Mickey Mouse made his debut in the animated short film Steamboat Willie in 1928. The original copyright term for works created at that time was 56 years, with the possibility of renewal for an additional 67 years, making a total of 75 years.
As Mickey Mouse’s copyright approached expiration in the late 1990s, there was a growing concern at The Walt Disney Company about losing control of this iconic character. Lobbying efforts and legislative changes, including the Sonny Bono Copyright Term Extension Act of 1998, extended copyright terms to the current life of the author plus 70 years (or 95 years for works for hire).
Walt Disney and Ub Iwerks co-created Mickey as a replacement for Disney’s earlier character, Oswald the Lucky Rabbit, which Disney lost the rights to. Mickey Mouse was designed with a simple, recognizable silhouette, large ears, and distinctive white gloves. His cheerful personality, high-pitched voice (initially provided by Mr. Walt Disney himself), and expressive animation quickly locked him to audiences.
Following the success of Steamboat Willie, Mickey Mouse became the face of a rapidly expanding Disney empire. The character appeared in numerous short films, becoming a cultural phenomenon. The success of Mickey Mouse paved the way for the creation of other iconic Disney characters and established Disney as a major player in the animation industry. He even attended the premiere of Snow White and the Seven Dwarfs in 1937!
From his debut in the groundbreaking Steamboat Willie (being the first ever picture with synchronized sound) to a myriad of Silly Symphonies and shorts in the 1920s and 1930s, Mickey has evolved over the years. He became a central figure in The Mickey Mouse Club, a variety show that entertained audiences from 1955 to 1996. As time progressed, Mickey starred in TV specials like Mickey’s Christmas Carol and The Prince and the Pauper. Modern animated series such as Mickey Mouse Works and Mickey Mouse Clubhouse catered to different audiences, and recent projects like Mickey and the Roadster Racers and The Wonderful World of Mickey Mouse on Disney+ have continued to showcase the timeless charm of this beloved character.
Sadly, The Wonderful World of Mickey Mouse is now over, and Disney+ is not producing any new Mickey content. This comes just on the heels of Disney losing the rights to their star player.
Lucky for Disney, Mickey Mouse entering the public domain is going to have many stipulations. While we all associate Mickey as one character, there have been many renditions of him, and only one of those versions will be entering the public domain, and that is the original Steamboat Willie Mickey. So, Disney will certainly be looking to see what versions the public will be using when it comes to imagery of their sacred character.
We have already seen what people will do to these beloved, nostalgic, and pure characters as Winnie the Pooh: Blood and Honey came out last year, destroying the image of the fluffy yellow harmless bear, and making him a ruthless horror-flick killer. Of course, this could be done due to Winne the Pooh having entered the public domain.
As stated by Fortune, “Current artists and creators will be able to make use of Mickey, but with major limits. It is only the more mischievous, rat-like, non-speaking boat captain in “Steamboat Willie” that has become 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. Not every feature or personality trait a character displays is necessarily copyrightable, however, and courts could be busy in the coming years determining what’s inside and outside 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.”
From this statement, Disney has indeed made it clear that they have lawyers on hand for any misuse of a Mickey that does not depict the one that is entering the public domain.
CNN spoke to Stacey Lee, a Johns Hopkins Carey Business School professor, who said it’s possible to use Mickey — but with caveats. Warning those against taking too much creative liberty.
“You can take ‘Steamboat Willie’ and do whatever you want with him,” she said. “However, Mickey Mouse, as we traditionally think of him, is trademarked, so he’s still very much the ownership of Disney.”
“Just like the Nike Swoosh and Tiffany Blue, Disney owns Mickey,” Lee said. “It cannot be used in that recognizable way for advertising.”
Despite the copyright expiration, adopting Disney’s famous mouse may prove “a tricky thing to do,” Lee said. “If they feel that you’re diluting their brand, if they feel like you’re tarnishing their brand, that’s problematic and they’re going to sue you.”
It will be interesting to see how things progress with Mickey Mouse moving forward, now that Disney no longer has full control over their character.
Do you think that we will see Mickey Mouse used in other ways aside from Disney?