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

These animations date from 1928 and were Mickey’s debut to the public, together with his partner Minnie. The little mouse bears a lot of similarity to the current version. But, in addition to being black and white (and having other different details), the behavior is more mischievous and ruder (in fact, during most of the scenes in “Steamboat Willie”, Mickey has fun forcing animals to be musical instruments).

So, there are 95 years of animation history and, according to US law, the copyright on them has expired. And a lot of people were waiting for it.

Using Mickey sparingly

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

It is also not permitted to create works that falsely imply that they are from Disney, as Mickey is also a registered trademark of the company. To get a better idea of the differences between the “Mickeys”, check out the recent trailer for “Steamboat Silly”, the final episode of “The Wonderful World of Mickey Mouse” which is part of the 100th-anniversary celebration of The Walt Disney Company:

Challenges and possible legal battles

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

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

“And, of course, there is no end to trademark law,” adds Ruth Okediji, a professor at Harvard Law School. She says that Disney and other companies 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.”

Source: Olhar Digital