Exciting news for Disney fans! As we approach 2024, the year when Mickey Mouse will enter the public domain, we may soon see a new wave of creativity and innovation surrounding the beloved character. According to US copyright law, the copyright on an anonymous or pseudo-anonymous body of artistic work expires after a certain length of time, which means that Disney could lose its exclusive rights to some of its most iconic characters.
Mickey Mouse, who has been the face of the Disney brand since its inception, will be stripped of his copyright, but this comes with some limitations. Daniel Mayeda, the associate director of the Documentary Film Legal Clinic at UCLA School of Law, explained that while individuals can use the Mickey Mouse character to create their own stories or artwork, they must avoid violating Disney’s trademark.
Mickey Mouse first appeared in the black and white cartoon Steamboat Willie, a pioneer in animation for its use of synchronized sound. Since then, the character has gone through several transformations to his physical appearance and personality. While the first rat-like iteration of Mickey will be available for public use, Disney retains its copyright on any subsequent variations in other films or artwork until they reach the 95-year mark.
But what does this mean for other Disney characters? Well, some have already moved into the public domain, and we have seen some surprising results. Winnie the Pooh and his animal friends entered the public domain in January 2022, and some have already capitalized on the beloved characters. Actor Ryan Reynolds even made a playful nod to the newly available Winnie the Pooh in a Mint Mobile commercial!
However, artists must be careful when creating new works based on old characters. Certain aspects of a character that the public recognizes as part of the Disney brand are off-limits for artists who wish to make use of the copyright expirations. If a particular work is too similar to Disney’s own, it could confuse the public into thinking it is affiliated with the company, leading to major legal consequences.
While copyrights are time-limited, trademarks are not. Disney may still retain trademarks on certain catchphrases or signature outfits worn by the characters, such as Pooh’s red shirt, which Waterfield intentionally avoided using in his movie.
Disney has a long history with US Copyright law, and the company has tried to extend copyright terms in the past. However, Mayeda believes that Disney’s term for Mickey and other characters will end in 2024, and the company will not be able to get additional extensions. So get ready, Disney fans, because we may soon see some exciting new creations featuring our favorite characters!
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