In a moment many close observers thought might never come, at least one version of the most iconic character in American pop culture will be free from Disney’s copyright as his first screen release, the 1928 short ‘Steamboat Willie’, featuring both Mickey and Minnie Mouse, becomes available for public use. “This is it. This is Mickey Mouse . This is exciting because it’s kind of symbolic,” said Jennifer Jenkins, a professor of law and director of Duke’s Center for the Study of Public Domain. ”I kind of feel like the pipe on the steamboat, like expelling smoke. It’s so exciting.” US law allows a copyright to be held for 95 years after Congress expanded it several times during Mickey’s life.
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“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,” a Disney spokesperson said in a statement to The Associated Press. “That will not change when the copyright in the ‘Steamboat Willie’ film expires.” Current artists and creators will be able to make use of Mickey, but with major limits. It is only the more mischievous, rat-like, non-speaking boat captain in ‘Steamboat Willie’ that has become public.
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‘Steamboat Willie,’ directed by Walt Disney and his partner Ub Iwerks, and among the first cartoons to have sound synced with its visuals, was actually the third cartoon featuring Mickey and Minnie the men made, but the first to be released. It features a more menacing Mickey captaining a boat and making musical instruments out of other animals.
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“More modern versions of Mickey will remain unaffected by the expiration of the Steamboat Willie copyright, and Mickey will continue to play a leading role as a global ambassador for the Walt Disney Company in our storytelling, theme park attractions, and merchandise,” Disney’s statement said. Not every feature or personality trait a character displays is necessarily copyrightable, however, and courts could be busy in the coming years determining what’s inside and outside Disney’s ownership. “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,” the company said.
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Disney still solidly and separately holds a trademark on Mickey as a corporate mascot and brand identifier, and the law forbids using the character deceptively to fool consumers into thinking a product is from the original creator. Anyone starting a film company or a theme park will not be free to make mouse ears their logo. Disney’s statement said it “will work to safeguard against consumer confusion caused by unauthorized uses of Mickey and our other iconic characters.”
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Another famous animal sidekick, Tigger, will join his friend, Winnie the Pooh, in the public domain as the book in which the bouncing tiger first appeared, ‘The House at Pooh Corner,’ turns 96. Pooh, probably the most celebrated prior character to become public property, took on that status two years ago when A A Milne’s original ‘Winnie the Pooh’ entered the public domain, resulting in some truly novel uses, including this year’s horror film, ‘Winnie The Pooh: Blood and Honey.’ Young Mickey could get the same treatment.
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Other properties entering the US public domain are Charlie Chaplin’s film, ‘Circus,’ Virginia Woolf’s novel, ‘Orlando,’ and Bertolt Brecht’s musical play, ‘The Threepenny Opera.’
