In 2024, the original version of Mickey Mouse will enter the public domain, but what does that mean for the beloved Disney
Rather than the Mickey Mouse that we know today, the property entering the public domain at the end of next year is the classic 1928 short film "Steamboat Willie".
Entering the public domain technically means that third parties can now show or even sell copies of "Steamboat Willie" without Disney's permission. However, the company still owns the trademark on the character shown in the film. This means that Disney can take action if consumers think third-party Mickey Mouse content could be coming from the company.
According to Columbia University law professor and intellectual property law expert Jane C. Ginsburg, Disney has a strong case when it comes to Mickey because the character is so closely associated with the brand, making his appearance something consumers "automatically associate" with Disney.
Of course, the appearance of the "Steamboat Willie" mouse is quite different than the Mickey of today. Unlike the rounded and friendly modern mouse, the short film's Mickey has a more rat-like appearance, with a pointy nose, long tail, and black eyes with no pupils. Also missing are Mickey's characteristic white gloves and red pants.
The original mouse is also more mischievous than his modern-day counterpart. The "Steamboat Willie" Mickey Mouse is seen teasing and tormenting other animals in the film.
While Mickey's redesigns might not have been motivated by copyright issues, Disney is notorious for aggressively fighting any violations of its copyrights on its iconic characters. Possibly in an effort to strengthen the character's association with the company, Disney started incorporating the classic version of Mickey into its pre-movie logo in 2007.
"Ever since Mickey Mouse's first appearance in the 1928 short film 'Steamboat Willie,'" Disney wrote in a statement, "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."
On the other hand, it's unlikely that anyone would believe the upcoming "Winnie-the-Pooh"-based horror movie in which Pooh and Piglet terrorize and kill victims was created by Disney.
The children's media company is one of the strongest proponents of stricter copyright laws, so much so that an extension of copyright protections introduced in 1998 was nicknamed the Mickey Mouse Protection Act. In the past, Disney has acted against daycares, schools, and even gravestone stonemasons to put a stop to unauthorized depictions of its characters.
"We will, of course, continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright, and we will work to safeguard against consumer confusion caused by unauthorized uses of Mickey and our other iconic characters," Disney continued in its statement.
The Mickey Mouse Protection Act was received poorly by Americans and legislators alike, and experts say Disney probably knew they wouldn't get another extension. In the next ten years, the copyrights on Flash Gordon, Donald Duck, King Kong, Popeye, Porky Pig, and Superman are all set to expire.
"This is a looming area," Ginsburg said. "We're on the cusp of a time when copyrights in a range of visual works will expire."
