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With several asterisks, qualifications, and caveats, Mickey Mouse in his earliest form will be the leader of the band of characters, films, and books that will become public domain as the year turns to 2024.
In a moment many close observers thought might never come, at least one version of the quintessential piece of intellectual property and perhaps 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.
U.S. law allows copyright to be held for 95 years after Congress expanded it several times during Mickey’s life.
“It’s sometimes derisively referred to as the Mickey Mouse Protection Act,” said Jennifer Jenkins, a professor of law and director of Duke’s Center for the Study of Public Domain. “That’s oversimplified because it wasn’t just Disney that was pushing for term extension. 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.”
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.
“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.
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.”
This article was provided by The Associated Press.