The Evolution of Mickey Mouse and the Public Domain
The original 1928 script for Disney’s Steamboat Willie, the first cartoon to star Mickey Mouse, will enter the public domain on Jan. 1, 2024. However, the Mickey Mouse in this early film is quite different from the beloved character we know today. He is mischievous, rough, and has roots in the blackface minstrel shows of the time. While the appearance of Mickey Mouse in Steamboat Willie will be available for creative reuse, newer versions of the character will remain under copyright.
What Goes into the Public Domain?
Kembrew McLeod, a communications professor and intellectual property scholar, clarifies that only the specific appearance of Mickey Mouse in Steamboat Willie will enter the public domain. This means that people can only creatively reuse this version of Mickey Mouse, and not the character as depicted in later films like Fantasia or the Mickey Mouse Clubhouse TV show.
The Role of Copyright and Trademark Law
Copyright law protects creative works such as characters, movies, books, and songs. Trademark law, on the other hand, protects brands, logos, and names. Mickey Mouse is not only copyrighted but also trademarked, allowing Disney to maintain control over the character. Trademark protection does not have an expiration date as long as the mark remains distinctive in the supply of goods and services.
Limitations and Enforcement
While people will still be able to incorporate clips of Steamboat Willie in art projects or use frames from the movie on merchandise, they need to be cautious of trademark infringement. Disney has a history of aggressively defending its intellectual property. The company can use trademark law to assert its ownership if someone infringes on the trademark or dilutes its value through unauthorized use.
The Future of the Public Domain
Copyright scholars like Jennifer Jenkins express concerns about the undermining of the public domain by allowing trademark law to extend the life of copyrighted works. They hope that Congress or the courts will restore the balance between protecting creativity and preserving the public domain. Copyright extensions may benefit corporations, but they limit cultural conversations and hinder artistic and technological progress.
While Steamboat Willie may not hold significant value in 2024, it remains an important piece of Disney’s history. The company has shifted its focus from copyright and trademark lawsuits to combating online piracy in recent years. As the public domain expands, it is essential to navigate the boundaries of creative reuse while respecting intellectual property rights.
