Disney's Mickey Mouse Enters Public Domain: Here's What It Means for Creators

The iconic Mickey Mouse first appeared in the 1928 animated short film, 'Steamboat Willie'.

America's beloved cartoon character Mickey Mouse, among other popular works like Peter Pan, Tigger, and Orlando, is now in the public domain. Walt Disney's copyright on the earliest versions of Mickey expired on Monday, 1 January, after a tedious period of 95 years under the copyright law of the United States.

However, Mickey Mouse is still a registered Disney trademark, and the company also holds copyright over the modern versions of the cartoon. Meaning, there are still certain restrictions on how new creators can represent Mickey.

But how do copyright laws and trademarks work in the US? What is a public domain? And how can creators use these famous artworks without the fear of copyright infringement? We explain.

Mickey Mouse's First Appearance in 'Steamboat Willie'

The iconic cartoon first officially appeared in Steamboat Willie, a 1928 short animated film that featured non-speaking versions of both Mickey and Minnie Mouse. The film played a pivotal role in the history of animation for two main reasons:

• It was the first-ever synchronised cartoon film with sound.

• The film transformed the fortunes of Disney and copyright laws in the US.

It is crucial to note that Plane Crazy was the first Mickey Mouse cartoon to ever be produced.

While Steamboat Willie hit the big screens on 18 November 1928, Plane Crazy was presented almost six months before this at a Hollywood theatre as a silent film on 15 May 1928.

However, the animated film's public release was delayed until 17 March 1929. As a result, Plane Crazy became the fourth Mickey Mouse cartoon with synchronised sound.

What Is Public Domain?

In most countries, including the United States of America, 1 January marks the annual Public Domain Day, wherein certain published works enter the public domain as their copyright expires.

On this day, these works become free for anyone to reuse, perform, duplicate, adapt, re-mix, and even transform them for commercial gain without obtaining permission from or compensating the copyright holder. The length of protections and legal codes vary by country.

Although the phrase "public domain" has not been defined in the US Copyright Act, it is commonly used to refer to content that isn't protected by copyright law.

Over the years, we have seen both serious and whimsical adaptations of our beloved characters that have entered the public domain. For instance, when AA Milne's Winnie-the-Pooh lost its copyright in 2022, what followed was a horror slasher spin called Winnie the Pooh: Blood and Honey, which features feral and bloodthirsty Winnie-the-Pooh and Piglet, who terrorise a group of youngsters.

Just a few hours after the Disney's copyright on Mickey Mouse expired, Mickey Mouse horror film and video game were announced. Mickey's Mouse Trap, is set to release in March, while an untitled slasher film and a video game titled Infestation: Origins have also been announced.

Here's why public domain is crucial:

• It preserves history and cultural works, allowing them to be accessible for future generations.

• It encourages creativity and innovation, allowing artistes to build upon existing works without constraints.

• Public domain has extended the lives of popular works like Shakespeare, Sherlock Holmes, Jane Austen, and Cinderella, among many others.

• It also breathes new life into stories, particularly in the internet age where reinterpretation, remixing, and recontextualisation are celebrated.

But before we go ahead, it is important to understand the framework of copyright laws and trademarks in the US.

Copyright Laws in the United States

The United States has one of the strictest copyright laws in the world, with ownership rights currently lasting for 95 years. However, this wasn't always the case. Initially, copyright protection in America lasted for only 14 years, with an option to renew it for another 14 if required, as per the Copyright Act of 1790.

According to the US Copyright Office, "Copyright is a type of intellectual property that protects original works of authorship for a limited period of time as soon as an author fixes the work in a tangible form of expression. These works can include paintings, photographs, illustrations, musical compositions, books, poems, blog posts, movies, and more."

However, due to several amendments to the copyright law, the ownership period extended further and further over the years, the latest extension being the Copyright Term Extension Act of 1998, which critics called the Mickey Mouse Protection Act.

• As per the current copyright law in the US, if an author or authors own the work, they hold the copyright for their lifetime and an additional 70 years of the last living author.

• If the work is owned by a corporation, the copyright will last up to 95 years from its publication.

What Is the 'Mickey Mouse Protection Act'?

Steamboat Willie, which introduced the world to the iconic Mickey Mouse, has been one of the biggest driving forces behind making the copyright laws so stringent, extensive, and complex in the US.

As per several reports, the Copyright Term Extension Act of 1998, or the Mickey Mouse Protection Act, was a result of the Walt Disney Company's extensive lobbying around it to preserve their ownership of the character whose copyright was set to expire.

• When Steamboat Willie was released in 1928, the copyright terms in the US lasted a total of 56 years from publication, leading to its expiration in 1984.

• However, in 1970, Disney, among others, lobbied to extend the copyright terms by an additional 20 years, which led Congress to pass the Copyright Term Extension Act of 1998.

• This act added another 20 years to the renewal term, which currently stands at 95 years.

Jennifer Jenkins, a professor of law and director of Duke's Centre for the Study of Public Domain, told The Hollywood Reporter, "It wasn't just Disney that sought multiple term expansions on the law. It was a whole group of copyright holders whose works were set to go into the public domain soon, who benefited greatly from the 20 years of extra protection."

What Is a Trademark?

Although Mickey Mouse is copyright-free in 2024, Disney's trademark rights to the picture complicate the story.

Several critics claim that since the character is trademarked by Disney, it cannot be used by the public. However, Jenkins explains in her report for the Duke University how the US trademark law works. According to the report:

Trademark law only forbids the use of a trademarked character if it is likely to mislead, cause confusion, or deceive consumers about the origin or sponsorship of the new product.

"Trademark law does not prevent you from using the 1928 Mickey character unless consumers will be misled into thinking your work is produced or sponsored by Disney," Jenkins added in her report.

As per the United States Patent and Trademark Office (USPTO), a trademark can be any word, phrase, symbol, design, or combination of these things that identifies the owner's goods or services. It is how customers recognise one's work in the marketplace and distinguish them from their competitors.

To avoid confusion, here are some key differences between copyright and trademark:

Copyright:

• It covers creative works and prevents unauthorised copying and adaptation.

• Expires after a limited time to allow the public and future creators access.

• The US Constitution mandates that these rights expire.

Trademark:

• It covers words, logos, images, and other signifiers identifying a product's source.

• Aims to minimise consumer confusion.

• Can last as long as a mark is used in commerce.

• Rights are more circumscribed than copyrights.

• Non-confusing uses are not prohibited.

• Legal safeguards exist for the use of trademarks in expressive works.

Limitations on Usage

While Mickey Mouse is now officially in the public domain, Disney still holds trademark rights over the character as their brand identifier and corporate mascot.

However, legal experts at Duke University claim that people are "free to copy, share, and build on" the 1928 depictions of the iconic pair.

According to BBC, a spokesperson for Disney said in a statement, "More modern versions of Mickey remain subject to copyright, and the character will continue to play a leading role as a global ambassador for the Walt Disney Company in our storytelling, theme park attractions, and merchandise."

"Ever since Mickey Mouse's first appearance in the 1928 short film Steamboat Willie, 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. We will work to safeguard against consumer confusion caused by unauthorised uses of Mickey and our other iconic characters," the statement added.

Other Disney Characters That Are Now Copyright-Free

Along with Steamboat Willie, thousands of other artistic works that were produced in 1928 are now available to the public. Here's a list of a few notable works that are in the public domain now:

• Tigger as depicted in The House at Pooh Corner

• W.E.B. DuBois's Dark Princess

• Virginia Woolf's novel, 'Orlando: A Biography'

• Wanda Gág's Millions of Cats

• Buster Keaton's The Cameraman

• Agatha Christie's The Mystery of the Blue Train

• Erich Maria Remarque's All Quiet on the Western Front

• Charlie Chaplin's silent film, The Circus

• D.H. Lawrence's novel 'Lady Chatterley's Lover'

• Music and lyrics to Cole Porter's 'Let's Do It, Let's Fall in Love'

•  J.M. Barrie's Peter Pan

(With inputs from Duke Center for the Study of the Public Domain, CBS News, BBC, US Copyright Office, The Hollywood Reporter, and Business Standard)