©Photo by Robyn Beck/AFP
Nearly a century since his debut on the silver screen, Mickey Mouse will enter the public domain on Monday. This significant event opens up possibilities for remakes, spin-offs, adaptations and potential legal confrontations with Disney.
Steamboat Willie, the iconic 1928 black-and-white animation featuring Mickey Mouse, sees its copyright expire after 95 years on January 1, in accordance with US law. This expiration date has been a focal point for filmmakers, fans, intellectual property lawyers and Disney executives, the latter having previously lobbied to extend US copyright terms.
Jennifer Jenkins, director of the Duke Center for the Study of the Public Domain, described this as a “deeply symbolic, highly anticipated moment.” Following this change, anyone will be able to copy, share, reuse and adapt “Steamboat Willie” and “Plane Crazy,” another Disney animation from 1928, along with their early character versions, including Mickey and Minnie.
However, it’s crucial to note that later versions of these characters, like those in the 1940 film “Fantasia,” remain under copyright protection. Despite this, artists could, for example, create a “climate change awareness version” of “Steamboat Willie,” or a feminist reinterpretation with Minnie at the helm, Jenkins suggests.
This situation mirrors the imaginative reuse of other characters whose copyrights have expired, such as Sherlock Holmes and Winnie-the-Pooh. However, Disney has indicated that it will “continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright.”
The original “Steamboat Willie” version of Mickey, a lean, mischievous character, might not be familiar to many younger viewers. Justin Hughes, a professor at Loyola Law School, notes that “the Mickey Mouse familiar to current generations will remain under copyright protection.”
Legal disputes are anticipated, as are Disney’s efforts to educate the public about these distinctions. Artists using elements from later Mickey cartoons in “high-budget fan art” could face cease-and-desist letters, particularly because, while the copyright has expired, the trademark has not.
Disney has been proactive in protecting its trademarks. The company has added a clip from “Steamboat Willie” to the opening sequence of every Walt Disney Animation Studios film, effectively establishing it as a trademark. This means that using the classic image of Mickey on merchandise could lead to legal action.
Experts like Jenkins, however, remain optimistic about the freedoms afforded by the public domain. She cites Supreme Court rulings that prevent the use of trademark rights to circumvent copyright expiration allowances.
The situation is poised for legal testing, and experts advise caution for those seeking to capitalize on Disney’s iconic mascot. In the short term, expect attention-grabbing adaptations, much like the recent “Winnie-the-Pooh: Blood and Honey” slasher film.
Ultimately, copyright law aims to enable artists to use characters like Mickey to create lasting works, akin to how Shakespeare’s plays have been adapted into modern classics. Jenkins expresses eagerness to see the developments in 2024, but looks forward even more to the impact and cultural relevance of these adaptations in the decades to come.
With AFP
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