Mickey Mouse Original Copyright Expires New Year’s Day

By: Serach Nissim

The earliest version of Mickey Mouse will lose its copyright and enter the public domain on New Years day.  As reported by the NY Post, the original 1928 version of Mickey Mouse will no longer belong to Disney, despite the company trying to save its copyright on the iconic character.  The character which started it all, was first copyrighted by Steamboat Willi for a short animation.  The Minnie Mouse character copyright will also expire on Monday.

Disney has been working for decades to protect its characters’ copywrites, notwithstanding however, US copyright law dictates that the company can only hold the iconic hallmarks for 95 years.  Back in 1998, in a bid to extend its copyrights, Disney had lobbied for the Copyright Extension Act.  That had added 20 years, allowing for the current 95 years of protection. That act became named the “Mickey Mouse Protection Act”, as it was a function of Disney’s influence on congress.

“It’s sometimes derisively referred to as the Mickey Mouse Protection Act. That’s oversimplified,” said Jennifer Jenkins, a professor of law and director of Duke’s Center for the Study of Public Domain, who writes an annual Jan. 1 column for “Public Domain Day.”  “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,” she explained.

When the famed characters become public domain, losing their copyright protection, community theaters or youth musical groups will be allowed to perform certain pieces for an audience without paying the company any fee, Duke’s public domain center explained. Copyrights work to protect the original creator in order to promote creativity, allowing time for the maker to exclusively benefit from its work.  After the copyright expires, however, the work finally enters the public domain, so that future authors and creators “can legally build on the past.”

As per the Post, only the original Steamboat Willie version’s of Mickey and Minnie Mouse will expire, in which the characters had a more rat-like appearance than today’s modern characters currently seen in Disney’s newer works and products.  The more modern versions of Mickey and Minnie mouse are still under protection from later copyright.  Disney said it will be closely monitoring the imitations to make sure the current copyrights don’t get trampled.  In reality, imitators will have very limited use based on this expired copyright, as the original 1928 characters didn’t speak.  Also, imitators can’t use Mickey in a way that misleads consumers into thinking that it is being produced by Disney, Duke University noted.

A handful of other copyrighted works will also expire on New Years, entering into the public domain.  Notable examples include: Buster Keaton’s sound records “The Cameraman” and “Let’s Do It” from Cole Porter from 1923; as well as the musical “Animal Crackers” along with its book, music and lyrics.

A Disney spokesperson commented to say: “Ever since Mickey Mouse’s first appearance in the 1928 short film ‘Steamboat Willie,’ people have associated the character with Disney’s stories, experiences, and authentic products,” the spokesperson said in a statement.  “That will not change when the copyright in the Steamboat Willie film expires,” the spokesperson added. “We will, of course, continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright,” the company said.