WASHINGTON – In recent weeks, you may have seen news articles highlighting the expiration of copyright protection for the original version of Mickey Mouse. This development has caused misunderstanding among some people who believe that any commercial use of Mickey Mouse is legal because the famous character is now in the public domain in the United States. It is important to clarify that this is not entirely the case, as explained below.
Copyright in the United States
When digging into the evolution of copyright in the United States, it is impossible to overlook the influence that Disney has wielded over the years. In 1998, the U.S. Congress passed the Copyright Term Extension Act, extending the term of protection for creative works in the United States to 95 years after first publication.
The law was even jokingly referred to as the “Mickey Mouse Protection Act” because Disney was doing everything in its power to protect the longevity of its beloved characters. Despite the copyright owner's wishes, no further extensions of time are permitted.
As a result of these developments, the iconic Mickey Mouse, who debuted in the 1928 animated classic Steamboat Willie, is now officially in the public domain in the United States.
The character of Peter Pan first appeared in a London play in 1904, followed by a novel published in 1911 called Peter and Wendy. However, it was not until his 1928 that the completed script for the play was published under the name Peter Pan, or The Boy Who Never Grew Up. Although there is some debate as to when Peter Pan's copyright term began, there is no longer any doubt as to whether Peter Pan officially entered the public domain in the United States.
Another notable set of beloved characters that have entered the public domain are Winnie the Pooh and his ever-excited friend Tigger. The original Winnie the Pooh He entered the public domain in January 2022, followed by Tigger in January of this year.
This change marks an important chapter in the ongoing copyright law saga, raising questions about the future trajectory of intellectual property and the dynamic interplay between entertainment giants and legal frameworks. .
So, is it okay to use Mickey, Pooh, and their friends?
When a copyrighted work enters the public domain, it no longer has a copyright, meaning that others are theoretically free to use it for commercial purposes.
But, as always, when it comes to the law, there are always exceptions to the rule.
As most people who saw the original Mickey Mouse in Steamboat Willie will notice, this early version is quite different from the versions of Mickey Mouse used in newer movies, cartoons, and theme parks. . The same is true for Winnie the Pooh, given that what most people associate this character with is an adorable yellow bear in a red shirt. However, the first version of Pooh wearing a red shirt did not appear until 1932.
Therefore, only the original Steamboat Willie version of Mickey Mouse and the original shirtless Winnie the Pooh are in the public domain in the United States, and this does not apply to newer or more modern versions produced since then. It is important to emphasize that. Since then.
These distinctions highlight important aspects of copyright law. On the other hand, the core concept of public domain suggests unrestricted use, and subtle exceptions and variations in subsequent iterations highlight the complexities inherent in navigating the intellectual property legal landscape. I am.
Therefore, in the United States, unauthorized commercial use of new versions of Mickey Mouse or Cloth-clad Winnie the Pooh is still considered copyright infringement.
What can rights holders do?
The original idea behind copyright was to protect and encourage the creative efforts of authors and producers of creative works by providing incentives to explore the creative process. Once the copyright protection expires, the work is in the public domain and can be accessed and used by anyone.
However, intellectual property law is a complex and nuanced field, and over time, various aspects of intellectual property law have become intertwined, complicating the simplicity originally intended to govern the term of copyright protection. It has become.
In this regard, Disney has secured trademark registrations in the United States for both the “Mickey Mouse” word mark and various figurative versions of the character, and therefore has a completely different set of rules to protect its rights to Naughty Mouse. It is set up.
How much copyright protection will be afforded to new versions of Mickey Mouse, Winnie the Pooh, and their friends in the coming years, especially if individuals are tempted to use modified versions of the original characters? It's going to be interesting to see. . Additionally, the broad protection afforded by trademark registration plays a vital role.
Unlike copyright protection, which has a limited duration, trademark protection lasts indefinitely. In this context, Disney's Mickey Mouse trademark registration plays an important role in preventing deceptive use or use that suggests an affiliation or relationship with Disney. It will be interesting to see how aggressive Disney and other trademark owners are in enforcing their trademark rights regarding their characters.
Ultimately, these issues will be subject to decisions by U.S. courts.
Outside the US
Different jurisdictions operate under different copyright models, each with their own protection terms.
Generally, copyright protection in the EU and its member states lasts for the lifetime of the creator plus 70 years. The original Steamboat Willie Mickey Mouse is in the public domain in the United States, so it may also be exempt from copyright protection in some EU countries. However, copyright laws may still vary, and new versions or unique adaptations of Mickey Mouse may still be protected.
China's copyright law provides protection for 50 years in addition to the lifetime of the author. However, the enforcement of copyright laws in China has become a hot topic, and several domestic companies have already obtained registered trademarks for Mickey Mouse's Mandarin name, “Mi Laoshu.''
Dealing with such an international legal landscape poses additional challenges and emphasizes the need for a nuanced understanding of copyright and trademark law in each jurisdiction.
ask for advice
Companies should exercise caution and conduct thorough research before incorporating Mickey Mouse, Winnie the Pooh, or other derivative works into their operations. To avoid legal repercussions, it is essential to respect intellectual property rights and comply with copyright laws.
In conclusion, while the expiration of the copyright on the original Mickey Mouse is a notable development, companies are still trying to navigate the potential legal complications surrounding the nuances surrounding the use of this and other iconic characters. You need to be keen to understand the nuances.
If you have any questions about copyright or trademarks in general, or if you have a request regarding the use of any protected material, please feel free to contact us.
The content of this article is intended to provide a general guide on the subject. You should seek professional advice regarding your particular situation.
© Mondak Co., Ltd., 2024
