Thursday, January 4, 2024

Public Domain Free-for-All

In case you've somehow managed to miss it, Mickey Mouse's first incarnation, Steamboat Willie, has entered the public domain. Of course, so did multiple other notable works, but this one has drawn the most attention.

Many others have already reported on it, so I won't be getting into a ton of detail here--why rehash the Washington Post or NPR or the Verge or so many others? You can read those and get most of the details.

But as an IP blog, it would be remiss of me not to comment on this development. 

Yes, I think it is a development. Copyright laws exist as they are today in small part due to Disney's interest. The changes to the laws in 1998 that extended copyright protection length earned the nickname "The Mickey Mouse Protection Act" for a reason (again, go read one of the other cited articles about that).

Anyone can use this!
There's not a lot for me to say that hasn't already been said--exhaustively--by other outlets. 

I suppose I'll have to remind you that it's just this Mickey and Minnie Mouse that are public domain.

The gloves are off!

No one can stop you from doing things with these mice

Later incarnations of the Mouses--color, in different clothes, less abusive towards fellow animals--haven't yet reached their limits of protection. Their time will come, but for now just stick with exploiting this version.

Mickey looks absolutely twisted while mistreating these creatures

And Disney can't stop me from using the images or pointing it out!
Also, Disney made some fairly smart IP investments with Steamboat Willie elsewhere. They've been using this earliest Mickey for trademark purposes. Not that this Mickey is a trademark or has been trademarked--but they are doing their best to hold on to the property as theirs for all commercial purposes.
A now permissible use of an AI generated image of Steamboat Willie Mickey eating corn on the cob (something was lost in translation)
So use Steamboat Willie Mickey and Minnie for creative, copyrightable works, but don't wade into the commercial aspects. Disney has a lot of IP power.

1 comment: