Vondran Legal® - Copyright Law Essentials - Public Domain - Disney waves goodbye to Mickey Mouse 1.0 (Steamboat Willie version).  If you need help with an issue involving lawful use of public domain music, video, film, characters and other copyrighted content, call us at (877) 276-5084.

Introduction - Timeline

Mickey Mouse is one of the most prolific cartoon characters of all time.   Walt Disney incorporated in 1923 and first aired a video of Mickey Mouse (which I shall refer to as Mickey Mouse 1.0) in the short cartoon "Steamboat Willie" a movie about 7 minutes long.  The movie was copyrighted in 1928.  At the time, the law in effect was the 1909 Copyright Act which provided for a 28-year protection for the copyright, and another 28 years extension was possible, for a total of 56 years of protection before the film and character would enter the public domain.

However, that would have only provided Disney with copyright protection for Mickey (and Minnie who also appeared in the film) through 1984.  Well, when this time was nearing, Disney and others lobbied Congress for copyright term extensions which became law in the 1976 Copyright Act.  This is the law that also codified federal "fair use rights" which is important.  The 1976 law made copyright duration 75 years.  This created a new copyright expiration date of 2003.

Again, as the date was approaching, Walt Disney again lobbied Congress for another extension called the "1988 Copyright term extension act" (or what many refer to as the "Mickey Mouse Protection Act").  This tagged on another 20 years of exclusive copyright protection for Mickey and Minnie extending their rights out to 2023.  Thus, the new term of copyright protection (for works created BEFORE 1978) is 95 years.

Since there were no other attempts to extend copyright (thankfully), the copyright expires at the end of the year and becomes available for certain uses on January 1, 2024.

This blog will discuss some of the things a creator CAN and SHOULD NOT DO with Mickey and Minnie 1.0.  If you are not careful, Disney could still sue you for copyright infringement, or possibly for trademark infringement, as discussed below.

1928 Steamboat Willie Cartoon 

I will post the video on 1/1/24.  See link below to watch it now.

Click here to watch the video

What is the Public Domain?

The creative works of an author can enter the public domain in various ways, signaling the time for everyone to enjoy and interact with them without legal repercussions. One way is through the expiration of the copyright terms, usually after the author's or creator's life and an additional period. However, some works don't go into public ownership as they are never copyrightable - think of ideas, concepts, titles, and facts, for instance. Moreover, some works can enter the public domain more rapidly due to fair use, expired trademarks, or voluntarily placed by the creator. Regardless of how creative works become free for everyone to access, they represent a rich cultural and intellectual legacy that everyone should cherish and celebrate.  After all, the goal of copyright law is to foster and promote the progress and science and the useful arts, and culture is better when shared and carried on.

What can you legally do with public-domain content?

It must be noted, that the public domain rights allow a creator to use only the Mickey and Minnie 1.0 version (as this is the only version in the public domain).  Walt Disney, Inc. still owns more current copyrights and also trademarks for the use of the mouse on merchandise and at the theme park, for example.  Thus, the public domain rights do not extend to full and unfettered rights to use Mickey or Minnie mouse - but rather - only the 1.0 OG version which features Mickey Mouse as more of a rat-like like (as opposed to a loveable, adorable character).

Here is the character that is part of Steamboat Willie.  You can see Mickey looks a bit more "rat-like" as opposed to current versions (Walt Disney will copyright register new versions when new content is produced), so the use should be limited to the Minnie and Mickey you see represented and depicted in Steamboat Willie.  Notice how the eyes are more beady than in today's version of Mickey.

Here are some general suggestions on how I would approach using Walt Disney's character once it hits the public domain.  Please note, this is not legal advice and any attempted use should be run by a copyright lawyer before engaging to get a qualified opinion.

GENERAL TIPS

-Limit your use to making derivative Works of only this version of Mickey Mouse 1.0.  Try to mimic this character as much as possible.

-You can probably get away with slight modifications, including choosing your own color schemes (as opposed to trying to stick to the "black and white" format).

-You can probably copy the story elements (use Mickey in a story about antics while cruising down a river)

-You can add your own unique creations (ex. make Mickey and Minnie skydivers)

-You can use any facts, ideas, or stock elements (ex. the idea of Mickey saving Minnie)

- You can also use newer (copyrighted versions of Mickey Mouse) as to non-copyrightable items (ex. high squeaky voice)

- You can use anything (whether in the public domain, or still under copyright protection) that falls into "fair use" rights (ex. commentary, criticism, documentary film, teaching)

- I would not use things that are in newer copyrighted versions of Mickey Mouse (ex. white gloves, or wizard hat)

- I would not use Mickey Mouse as a logo, or on a product/merchandise (this could confuse consumers into believing Disney is the source or affiliation) and could violate their trademarks.  Trademarks can potentially last forever as long as it is used, which I assume will be the case with Mickey and Minnie Mouse.

- Always consider using a disclaimer in your books, videos and other creative projects "this video is in no manner affiliated with Walt Disney, Inc."

- Be careful and be thinking about trademark tarnishment (applies to famous and well-known trademarks) for example, creating a horror film using Mickey (like someone did with Tigger).

NOTE:  There are some other Disney character's coming soon (maybe you can make a musical video with all the characters or a video game using all the characters).

• Pluto (2026)
• Goofy (2028)
• Donald Duck (2030)

Resources

1. Click here for a great list of copyrighted content that has hit the public domain.
2. Link to the 1928 Steamboat Willie cartoon.
3. Watch how one producer made a movie when Winnie the Pooh hit public domain.
4. Don't go insane trying to master the public domain

Contact a California Public Domain Copyright Law Firm

Vondran Legal® is a leader in intellectual property law, handling copyright, trademark, trade secret, and right of publicity litigation. We have appeared in over 500 federal copyright infringement lawsuits since our founding in 2004. If you need help with copyright, trademark, or fair use opinions dealing with the public domain, call us at (877) 276-5084 or leave a message through our contact form.