On January 1, 2024, an early version of the entertainment company's mascot, featured in Walt Disney's 1928 short film, “Steamboat Willie,” entered the public domain for the first time.
The friendly rodent, synonymous with the Disney brand for almost a century, has become one of the most iconic characters in American pop culture. But since U.S. copyright law, last updated by Congress in 1998, allows copyright to be retained for 95 years, Disney's sole claim to the character has officially ended.
In a statement to CNN, a Disney spokesperson said: “More modern versions of Mickey Mouse will not be affected by the expiration of Steamboat Willie's copyright, and Mickey Mouse will continue to play a prominent role as a global ambassador for Walt Disney Company in our storytelling, theme park attractions and merchandise.”
But there are some differences between the 1928 Mickey Mouse and today's company mascot. The Mickey Mouse from «Steamboat Willie» does not have the gloves and oversized shoes of the current Mickey Mouse, and his eyes are small black ovals without pupils.
Rebecca Tushnet, a Harvard Law School professor, said that while the public domain allows anyone to revisit Steamboat Willie in any way they like, it is not possible to copy elements of the more modern Mickey Mouse. Disney still has a trademark on those.
“Whatever you do, to be protected from copyright infringement charges … you really have to create new things and make sure you're basing them on Steamboat Willie,” he said.
Tushnet said that although Disney will have to “reluctantly concede” its control over Steamboat Willie's image, the company will likely sue anyone who recreates a version of the cartoon that looks more like Mickey Mouse.
The Disney spokesperson told CNN that the company “will continue to protect our rights in more modern versions of Mickey Mouse and other works that remain under copyright, and we will work to safeguard consumer confusion caused by unauthorized uses of Mickey Mouse and his our other iconic characters.”
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