It’s the day Disney tried for decades to avoid: Mickey Mouse entered the public domain on Jan. 1. However, before appropriating Disney’s iconic mascot, know that the only free-for-all is the specific version from 1928’s “Steamboat Willie.”
Each year, copyrights expire on a new set of works. Individual copyrights are protected for the creator’s life plus 70 years. Meanwhile, corporate-owned works like “Steamboat Willie” remain intact for 95 years from initial publication.
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“Copyright, by design, lasts for a limited time,” said Jennifer Jenkins, director of the Duke Center for the Study of Public Domain.
Jenkins also writes an annual column for “Public Domain Day,” sharing the latest set of works.
“While the copyright is active, it gives the authors, the rights holders, exclusive rights to make copies and to adopt the works,” Jenkins added. “And that’s a very good thing because it provides economic incentives that spur creativity. But after the term expires — when those works go into the public domain — that’s a great thing too, because that means those works can inspire future creators.”
Disney’s piece in question was originally set to enter public domain in 1984. However, the House of Mouse lobbied for a 20-year extension to the copyright term, which Congress granted in the 1970s. In 1998, Congress passed another piece of legislation known as “The Mickey Mouse Protection Act,” which added 20 years to the protection of Disney’s global ambassador and other works.
Only the “Steamboat Willie” version of Mickey — the pupilless mouse with a long tail and a nose that looks more like a rat’s — will enter the public domain. Any more modern versions remain protected under copyright law, as Disney frequently modernizes the mouse and updates the terms.
In 2022, another icon of purity entered the public domain: Winnie the Pooh from A.A. Milne’s original stories. But once again, this protects future iterations, specifically those used by Disney.
“It’s the original Winnie the Pooh as you encounter that charming little bear in the book from 1926, which has many of, not just the visual character, but the personality attributes. You know, the humility, the love of honey, the always being there for his friends,” Jenkins said.
Shortly after making his debut in the public domain, the honey-loving bear was given the horror treatment in “Winnie the Pooh: Blood and Honey.” The film featured Christopher Robin’s return to the Hundred Acre Wood where Pooh and Piglet have become murderous psychopaths.
This marked the first time Pooh wasn’t made for kids, but a South Florida teacher screened it for their fourth grade classroom anyway. Students asked for the teacher to stop airing it and those who felt traumatized met with a school-provided mental health counselor.
That is the nature of public domain: Once the copyright term expires, anyone has access to the intellectual property to reimagine it however they like.
“Everything that’s been spawned by Shakespeare, you’ve got ‘Rosencrantz and Guildenstern Are Dead’ from Hamlet; or you have ‘West Side Story’; or you have ’10 Things I Hate About You’ and ‘Romeo Must Die’ and ‘Gnomeo and Juliet’ — the whole point of the public domain is it enables all these reimaginings,” Jenkins said.
But it’s not unfettered access. There are still several limitations, especially when balancing the distinction between copyright and trademark law.
I can make my own animation off of it, but I can’t go around slapping Mickey Mouse the character on a backpack or a lunchbox or a pair of pajamas, because people would think it was Disney-licensed merchandise.
Director Jennifer Jenkins, Duke Center for the Study of Public Domain
“I can make my own animation off of it, but I can’t go around slapping Mickey Mouse the character on a backpack or a lunchbox or a pair of pajamas, because people would think it was Disney-licensed merchandise,” Jenkins said.
“It’s possible sometimes to have trademark rights, which is a different kind of law over characters,” she continued. “And they don’t expire after a set term the way copyrights do. They last for as long as someone is using that character as a brand.”
If the number of products featuring the famous mouse is any indication, Disney isn’t worried about losing that trademark. As for the public domain, the company itself has greatly benefitted from that arrangement since its inception.
“‘Snow White,’ ‘Sleeping Beauty,’ ‘Cinderella,’ ‘The Three Musketeers,’ ‘Christmas Carol,’ ‘Alice in Wonderland,’ all of these Disney movies were based on public domain works,” Jenkins said.
Disney told The Associated Press in December that ever since Mickey Mouse’s first appearance, “People have associated the character with Disney’s stories, experiences and authentic products. That will not change when the copyright in the ‘Steamboat Willie’ film expires.”
Pooh’s springy friend Tigger also joins Mickey Mouse in the public domain this year, but Jenkins says one of the best things about a copyright running out isn’t the headline-grabbing works.
“One of the most exciting things for me about the public domain is all of those works that no one’s thinking about, no one’s heard of, that have been completely forgotten after 70, 80, 95 years,” Jenkins said. “Those are the works where the barriers to access have been removed and they’re waiting to be rediscovered.”
Tags: Copyright infringement, Copyright law, Disney, Disney Plus, Disney World, Public Domain, Trademark Law, U.S. Congress, Winnie the Pooh
[Simone Del Rosario]
Is kind, innocent Mickey Mouse soon headed for a bloodthirsty, murderous era like his pal, Winnie the Pooh?
It’s the day Disney has dreaded for decades. And spent considerable capital trying to avoid.
Their iconic mascot Mickey Mouse has officially entered public domain.
[Mickey Mouse]
Surprise!
[Simone Del Rosario]
Not that Mickey Mouse. This one.
[Jennifer Jenkins]
“Steamboat Willie, the original Mickey Mouse, is going into the public domain in 2024.”
[Simone Del Rosario]
Jennifer Jenkins is a Duke law professor who writes an annual column the first of every year, a date that is known as “Public Domain Day.”
[Jennifer Jenkins]
“Copyright by design lasts for a limited time. While the copyright is active, it gives the authors, the rights holders, exclusive rights to make copies and to adopt the works. And that’s a very good thing, because it provides economic incentives that spur creativity. But after the term expires, when those works go into the public domain, that’s a great thing too, because that means those works can inspire future creators.”
[Simone Del Rosario]
And what will future creators dream up for Steamboat Willie? The clock starts now after Disney lobbied Congress hard to put off this day as long as it could.
Steamboat Willie was originally set to hit public domain in 1984. But Disney pressed for a 20-year extension to copyright terms, which Congress granted in the ’70s. Then, two decades later, Congress passed The Mickey Mouse Protection Act, which gave Disney another two decades with its star and global ambassador.
Here’s how the law of the land works today. Individual copyrights are protected for that creator’s life plus 70 years. And for corporate works like Disney’s, the copyright is intact for 95 years from publication.
So for 1928’s Steamboat Willie, his number’s been called.
In 2022, another icon of purity entered public domain: the Winnie the Pooh from A.A. Milne’s stories.
[Jennifer Jenkins]
“It’s the original Winnie the Pooh as you encounter that charming little bear in the book from 1926, which has many of the, not just the visual character, but the personality attributes, you know, the humility, the love of honey, the always being there for his friends, right?”
[Simone Del Rosario]
That honey-loving bear got the horror treatment soon after. Winnie-the-Pooh: Blood and Honey featured Christopher Robin’s return to the Hundred Acre Wood where Pooh and Piglet have become murderous psychopaths.
For the first time, Pooh bear is not for kids, but a teacher still screened it to a 4th grade classroom in south Florida. Students asked the teacher to shut it down, and those who were bothered met with a mental health counselor.
When a work of art enters the public domain, everyone has access to the intellectual property.
[Jennifer Jenkins]
“Everything that’s been spawned by Shakespeare, you’ve got Rosencrantz and Guildenstern Are Dead, right, from Hamlet, or you have West Side Story or you have 10 Things I Hate About You and Romeo Must Die and Gnomeo and Juliet and the whole point of the public domain is it enables all these reimaginings.”
[Simone Del Rosario]
And Disney itself has greatly profited off public domain.
[Jennifer Jenkins]
“Snow White, Sleeping Beauty, Cinderella, The Three Musketeers, Christmas Carol, Alice in Wonderland, right, all of these Disney movies were based on public domain works.”
[Simone Del Rosario]
As the mouse behind the house readies for reimagining, it’s important to note the only free-for-all is that 1 928 Steamboat Willie version, the pupil-less mouse with a long tail and a nose that looks more like a rat’s.
Every time Disney tweaks Mickey Mouse’s look, it gets a new copyright and 95 years.
And even when versions inevitably hit public domain, there are serious limitations.
[Jennifer Jenkins]
“I can make my own animation off of it. But I can’t go around slapping Mickey Mouse the character on a backpack or a lunchbox or a pair of pajamas, because people would think it was Disney-licensed merchandise.”
[Simone Del Rosario]
This is where the difference between trademark and copyright law comes in.
[Jennifer Jenkins]
“It’s possible sometimes to have trademark rights, okay, which is a different kind of law over characters. but they And they don’t expire after a set term the way copyrights do. They last for as long as someone is using that character as a brand.”
[Simone Del Rosario]
If the amount of items featuring Mickey Mouse is any indication, Disney’s not worried about that trademark expiring.
The company told the Associated Press in December that ever since his first appearance, “people have associated the character with Disney’s stories, experiences, and authentic products. That will not change when the copyright in the Steamboat Willie film expires.”
[Tigger]
“Hello, I’m Tigger.”
[Simone Del Rosario]
Pooh’s bouncing buddy Tigger also joins Mickey in this year’s list of public domain entries. But for Jenkins, one of the best things about Public Domain Day is not the headline-grabbing works.
[Jennifer Jenkins]
“One of the most exciting things for me about the public domain is all of those works that no one’s thinking about, no one’s heard of that have been completely forgotten after 70, 80, 95 years. Those are the works where the barriers to access have been removed, and they’re waiting to be rediscovered.”
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