Mickey Mouse enters public domain

The iconic character Mickey Mouse, symbol of Walt Disney Company almost 100 years ago, it entered the public domain this Monday (January 1, 2024). The 1st version of the character appeared in the animated short film “Steam Willie” (“Steamboat Willie”, in English), released in 1928, created by Walt Disney and artist Ub Iwerks. Now this model is available for anyone to use in any way they wish.

“Steamboat Willie” It was the first sound animation short film in the world, marking the debut of Mickey Mouse. The work tells the story of Mickey, a steamship captain's assistant. Mickey dreams of becoming the captain and tries to impress him with his skills, but ends up causing confusion and getting in the way of the captain's work.

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“Mickey’s appearance in the animated short can now be used by the general public, including in adaptations, but in a restricted way. This is because Disney continues to own the most recent versions of the character and also the name, so it cannot be used freely.”he said Guilherme Guidiresearcher and postgraduate professor at PUC Minas and leader of the Digital Law area at Freitas Ferraz, in an interview with Power360.

Thus, the character, in his most current versions, must continue as “symbol” from Disney.

Public Domain Day is celebrated annually on January 1st, marking the moment when intellectual works, such as books, music and films, enter the public domain. This means that these works are free from copyright, allowing them to be used and shared freely by the public. This freedom promotes access to knowledge, culture and creativity.

The character Minnie Mouse, Mickey's girlfriend, will also have its original version without copyright restrictions, along with all the characters that appear in the animated short. In addition to the talking mouse, literary works “Nothing New on the Front” (“All Quiet on the Western Front”in English), written by Erich Maria Remarque, which addresses the 1st World War, and “Orlando: A Biography”written by British author Virginia Woolf, also enter the public domain.

In 2007, Walt Disney Animation Studios adapted a clip from “Steamboat Willie” as a logo, as an attempt to extend the rights to the older version of Mickey.

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Disney and Mickey have become synonymous in the popular imagination. The loss of copyright on Mickey Mouse could have a significant impact on the entertainment giant. An unprecedented fact in 1 century of history, Disney will not have total control over a character of extreme importance to its catalog and legacy.

In 2022, the work “Winnie-the-Pooh” by writer AA Milne entered the public domain, which resulted in the creation of several versions of the famous bear. The following year, in 2023, a horror film titled “Winnie the Pooh: Blood and Honey”which had a low commercial performance and received just 3% approval from critics on the aggregator Rotten Tomatoes.

If horror, comedy and adult versions of the primary version of Mickey emerge, Disney will have no control over them. According to the expert, “since the initial version of the character that enters the public domain will no longer be a “protected work”, it can be used freely”.

“The limitation on use that damages the company’s image only concerns parodies and other uses of versions of the character that remain protected”said Guidi.

“Mickey Mouse Protection Act”

In 1998, the United States Congress approved the Sonny Bono Copyright Term Extension Act (Sonny Bono Copyright Term Extension Act, in translation), which increased the duration of copyright from 50 to 70 years after the author's death. This extension was widely criticized for favoring major entertainment studios, such as the Walt Disney Company. The company was one of the main supporters of the extension.

Understand copyright in the US and Brazil

Copyright is a form of legal protection granted to intellectual and artistic works, such as books, music, films, software and works of art. They guarantee the author or his heirs the exclusive right to reproduce, distribute, publish, translate and adapt the work.

In the United States, the duration of copyright varies depending on the type of work and the status from the author:

• works published before 1978: copyright lasts for 95 years after publication;
• works published since 1978: copyright lasts for 70 years after the author's death;
• works created by employees as part of their job: Copyright lasts for 120 years after creation or 95 years after publication.

On Brazilian soil, the situation is different. According to Law No. 9,610/1998the protection of property rights over a work lasts for 70 years, counting from January 1st of the year following the author's death.

This means that, in the country, the version of Mickey Mouse, which appeared in the short film “Steamboat Willie”will only become public domain on January 1, 2034.

“The 2 systems have important similarities. They protect the same types of works and guarantee authors the same basic rights. However, there are some significant differences. In Brazil, copyright is broader than in the United States. It covers a wide variety of works, including folklore works, software, journalistic and scientific works.”said Guidi.