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Disney’s earliest Mickey and Minnie Mouse enter public domain as US copyright expires

Disney’s copyright on the earliest Mickey and Minnie Mouse characters expires in the US on 1 January, entering the public domain.

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Disney’s copyright on the earliest version of the cartoon characters expires in the US on 1 January.

Steamboat Willie, the 1928 animated short showcasing the initial, silent renditions of Mickey and Minnie Mouse, is recognized as the pivotal moment that propelled Disney’s success and left an indelible mark on cinema history.

Following the expiration of Disney’s copyright, the early incarnations of these characters are now accessible to the public in the US. This allows artists, including cartoonists, the freedom to reinterpret and utilize these original versions of Mickey and Minnie without requiring permission or incurring expenses.

However, Disney cautioned that contemporary iterations of Mickey Mouse and other more recent works remain under copyright protection. “We will, of course, continue safeguarding our rights pertaining to the modern iterations of Mickey Mouse and other copyrighted materials,” the company affirmed.

US copyright law allows characters to be protected for 95 years, which means that as of Monday, January 1, 2024, the characters featured in Steamboat Willie have entered the public domain. Consequently, these works are now legally open for sharing, performance, reuse, repurposing, or sampling.

Alongside the early renditions of Mickey and Minnie, various other works from 1928, including famous films, books, music, and characters, have become accessible to the American public as they’ve entered the public domain on New Year’s Day.

Charlie Chaplin’s silent romantic comedy “The Circus,” English author AA Milne’s “The House at Pooh Corner” introducing Tigger, Virginia Woolf’s “Orlando,” and DH Lawrence’s “Lady Chatterley’s Lover” are some works affected by the UK’s distinct copyright regulations and varying expiration dates.

Disney has encountered potential copyright loss for its original cartoons multiple times, initially projected to enter the public domain in 1984. However, Congress granted a 20-year extension. Another extension followed in 2004, postponing the characters’ potential entry into the public domain.

Disney’s commitment to safeguarding its characters has led to the creation of what is commonly referred to as the “Mickey Mouse Protection Act.” However, a pivotal moment has arrived. According to Jennifer Jenkins, director of the Duke Centre for the Study of the Public Domain, this marks a “deeply symbolic and eagerly anticipated” milestone.

“What this signifies is that starting in 2024, anyone will have the freedom to replicate, distribute, and expand upon those original cartoons from 1928 and the characters featured in them,” she stated in an interview with the BBC.

Jenkins emphasized the significance of this moment due to Disney’s perceived involvement in prolonging the copyright term, which had previously prevented their properties from entering the public domain for an extended duration.

Disney maintains separate trademarks for Mickey as both a brand identifier and a corporate mascot, limiting public usage of these images, according to Jenkins. She clarified that creating merchandise or products resembling Disney’s without permission would infringe upon their trademark. Any use of Mickey Mouse suggesting association with a brand other than Disney could lead to trademark issues.

Jack Kendall, a 32-year-old content creator running a Disney news channel, speculates about potential horror adaptations of Mickey and Minnie, likening it to the R-rated horror film Blood and Honey based on Winnie the Pooh after it entered the public domain. Kendall, with over 168,000 subscribers on DSNY Newscast, believes Disney aims to avoid legal battles while safeguarding its iconic characters through active trademark use in merchandise, animated shorts, and studio logos.

A Disney representative emphasized the enduring association between Mickey Mouse and the company since the character’s debut in 1928, asserting that even after the expiration of the Steamboat Willie copyright, the character’s modern iterations will remain unaffected. They reiterated Mickey’s role as a prominent figure in Disney’s storytelling, theme parks, and merchandise. Furthermore, the company expressed its commitment to preventing consumer confusion caused by unauthorized use of Mickey and other iconic characters.

Source: BBC News

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