Mickey Mouse public domain 2023
Jesse Kirkland is a J.D. candidate, 2021 at NYU School of Law. Show Many who are interested in copyright issues The foundation of American copyright law and, Though the copyright regime directly
provides The fear of perpetual protection is not The CTEA’s effect on the public domain was The economic Thankfully, it seems like the era of perpetual copyright While the arguments in favor of extension in 1998 were So, what exactly does this mean? Will you be able to distribute your own copies of Fantasia, sell unlicensed Disney merchandise, and so on? Not so fast. While it is true that Mickey will soon be accessible to all, it is crucial to understand which version of Mickey Mouse will become publicly accessible and which ones will still be under lock and key in the “Disney vault.” It is only the rendition of Mickey Mouse that is in the film Steamboat Willie — and also The Gallopin’ Gaucho, released in the same year — that will be free from copyright protection. While this may seem like a minor technicality, it is important to consider that the iconic Mickey Mouse character design with which we are all familiar today — the one featured in commercials for the Disney theme parks, displayed on Disney-branded backpacks, and at the forefront of classic movies like Fantasia — is not the same version of Mickey featured in his 1928 debut. In the accompanying images, the image on the left is from Steamboat Willie, and the image on the right is the more contemporary permutation of Mickey that is featured, with only minor variations, across many of Disney’s publications and marketing materials today. To highlight a few of the differences between Steamboat Mickey and his contemporary counterpart, consider the following unique characteristics of the original: So why do these differences matter? In short, there are some things that the public will be allowed to do as it relates to Mickey Mouse and some that will remain off limits. While the full details of copyright-related exclusionary rights are rather complex, in simple terms, a copyright owner of a work has the exclusive right to (1) reproduce copies, (2) create derivative works, (3) distribute copies, (4) publicly perform the work, (5) publicly display the work, and (6), regarding sound recordings, publicly perform the work via digital transmission. Once Steamboat Willie has entered the public domain, Disney’s exclusive rights to all of the above ends. The implications for the public’s rights are fairly straightforward for most of these uses. Come January 2024, anyone can copy, distribute, and publicly perform or display Steamboat Willie in part or in its entirety. There is very little Disney can do to prevent this (unless there is a violation of an associated trademark, which, as a separate legal subject, falls outside the scope of copyright law as well as this blog post). With respect to derivative works, however, the consideration becomes a bit trickier. A derivative work is statutorily defined as “a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.” For example, Rocky II is a derivative work of the movie Rocky. It uses the same main characters and relies on and refers to the plot established in the original Rocky. Rocky and all its sequels are still under copyright protection and thus, the copyright owner has exclusive rights over the creation of derivative works based on the movie Rocky, including works that refer to the original’s plot or characters. The Rocky example would become much more complicated if the first Rocky movie were in the public domain, while the rest of the movies were still under copyright protection. All of the plot and characters from the first movie would be unprotected, unlike any plot or character that had first appeared in one of the sequels. For example, a member of the public would be able to write her own sequel to the original Rocky without infringing upon a copyright but would not be able to reference or build upon any of the plots or character developments that first appear in Rocky II. Assuming current copyright laws remain unchanged in 2024, the public will then become free to both create new stories involving the original iteration of Mickey Mouse and change the character design to incorporate original elements. What the public will not be able to do, however, is to create a derivative work that would infringe upon the contemporary rendition of the character design. This complicated paradigm becomes even more fraught when one considers that there are more than just two versions of Mickey Mouse. Disney’s mousy mascot has undergone many permutations over the course of decades, so those seeking to capitalize on Mickey’s first step into the public domain ought to proceed with caution. [1] U.S. Const. art. I, § 8, [2] See, [3] Peter S. Menell et al., Intellectual Property in the New Technological Age: 2018, Volume [4] Id. at 613. [5] Eldred v. Ashcroft, 537 U.S. 186, 243 (2003) (Breyer, J., dissenting) [6] See Timothy B. [7] See Menell et al., supra note 3, at [8] Lee, supra [9] See Michele Debczak, Why Will Mickey Mouse enter public domain in 2024?Steamboat Willie
It is true that a version of Mickey Mouse will lose copyright protection in 2024. And that version is Steamboat Willie. The original iteration of Mickey Mouse, Steamboat Willie was the main character of an animated short released in 1928.
Will Disney let Mickey Mouse become public domain?For those who are unaware, Mickey Mouse, Walt Disney's beloved character who started it all, will officially become public domain on January 1, 2024.
What will be public domain in 2023?When a work's copyright expires, it enters the public domain. The following is a list of works that enter the public domain in 2023. Since laws vary globally, the copyright status of some works are not uniform.
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Countries with life + 70 years.. Can Disney extend Mickey Mouse copyright?Crucially, Disney also still holds trademark protection on Mickey Mouse, which does not expire. While a copyright keeps other companies from replicating the Mickey Mouse image, a trademark ensures that other companies can't use the Mickey Mouse image in a way that might suggest their products are made by Disney.
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