As a result of US copyright law, entertainment giant Disney may soon lose exclusive rights to some of the characters most responsible for universal brand recognition, including the mouse that serves as its mascot.
Mickey Mouse will enter the public domain in 2024, nearly 95 years after its creation on October 1, 1928 – the length of time after which copyright in an anonymous or pseudo-anonymous work of art expires.
Daniel Mayeda is the Associate Director of the UCLA Law School Documentary Film Legal Clinic, as well as a longtime media and entertainment attorney. He stated that copyright expiration is not without limits.
“You can use the Mickey Mouse character as it was originally created to create your own Mickey Mouse stories or stories with this character. But if you do it in a way that people think of Disney – which is probably because they’ve been investing in this character for so long – then, in theory, Disney could say that you violated my copyright.
Mickey Mouse first appeared in the black-and-white cartoon Steamboat Willie. The cartoon pioneered animation for its use of synchronized sound – where on-screen movement matches music and sound effects, launching one of the most recognizable images in film and television.
According to the National Museum of American History: “Over the years, Mickey Mouse has undergone several transformations in his physical appearance and personality. In his early years, the mischievous and mischievous Mickey looked more like a rat, with a long pointed nose, black eyes, a small body with spindly legs, and a long tail.
While this first iteration of rat-shaped Mickey Mouse will be stripped of copyright, Mayeda said Disney retains copyright to all subsequent variations from other movies or artwork until they reach the 95 year mark.
Other characters have already entered the public domain: with unpredictable and somewhat shocking results.
Honey-loving bear Winnie the Hundred Acre Woodland Pooh and most of his animal friends entered the public domain in January this year and some wasted no time capitalizing on the beloved characters .
Actor Ryan Reynolds gave a playful nod to the now free Winnie the Pooh in a Mint Mobile advert. In the ad, Reynolds reads a children’s book about “Winnie the Screwed,” a bear with an expensive phone bill.
Even more disturbingly, Pooh and his close friend Piglet are now the stars of Winnie the Pooh: Blood and Honey, a soon-to-be-released horror film written and directed by Rhys Waterfield, which sees them engage in bloody slaughter. after being abandoned by their old friend, Christopher Robin.
Mayeda said it’s important for artists like Waterfield not to cross the line when it comes to creating new work based on old characters. Certain aspects of a character that the general public recognizes as part of the Disney brand are prohibited for artists who wish to take advantage of copyright expirations. If a particular work confuses the public into believing that it is actually affiliated with Disney, there could be major legal consequences.
“Copyrights are time-limited,” Mayeda said. “Brands are not. So Disney could have a trademark essentially in perpetuity, as long as they continue to use various things as they are trademarked, be it words, phrases, characters, or whatever.
Disney may still retain trademarks on certain slogans or signature outfits worn by characters, such as Pooh’s red shirt, which Waterfield intentionally avoided using in his film.
In an interview with Variety, Waterfield said, “We tried to be extremely careful. We knew there was a line between that and we knew what their copyrights were and what they had done. So we did everything we could to make sure [the film] was only based on the 1926 version of it. No one will be wrong [for Disney]. When you see the cover of this and you see the trailers and the stills and all that, there’s no way anyone would think this is a kid’s version.
Disney still retains exclusive rights to the bouncing tiger, Tigger, for another year since its first appearance wasn’t until 1929 in The House at Pooh Corner, the series of stories written by the creator of Winnie the Pooh. ‘Ourson, AA Milne.
Politicize the bear
The Walt Disney Company has a long history with US copyright law. Suzanne Wilson, once assistant general counsel at the Walt Disney Company for nearly a decade, now heads the US Copyright Office, underscoring the company’s relationship with the government.
In May 2022, Republican Senator Josh Hawley of Missouri made headlines for threatening the corporate giant’s long-running copyright list after Disney publicly opposed the parental rights bill. in Florida education, commonly referred to as the “don’t say gay” bill.
Hawley said: “The era of Republican corporate donations is over. Thanks to special congressional copyright protections, woke companies like Disney have earned billions while bowing increasingly to woke activists. It’s time to retire the special privileges of Disney and usher in a new era of creativity and innovation.
Mayeda called Hawley’s reaction “purely political.”
“It has no chance of passing,” Mayeda said in reference to Hawley’s copyright clause restoration bill that seeks to “limit new copyright protections to age 56 and make retroactive change for big companies like Disney who got unnecessarily long copyright monopolies”.
“Disney has been very active in trying to extend copyright terms,” Mayeda said. “Successfully they extended their terms for Mickey and so on, but I doubt they can get further extensions. I think that will be the end of the line.