Within less than a decade, the iconic character of disney Mickey Mouse will complete 100 years of his first appearance in “Steamboat Willie” (1928). However, before that, already in 2024, when it turns 95, the edition will fall in public domain.
This change will bring challenges to Disney, which will have to find new arguments and resources to preserve control of the character after so much effort to extend copyright.
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The reason why the Mickey Mouse will become public domain is that, under United States copyright law, works published before 1923 are in this category.
This means that anyone will be able to create new content based on the first 50 stories in which the character appeared, after the 95 years of protection expired.
This extension of Mickey Mouse's copyright was not without controversy. In the 1970s, Disney was already an entertainment giant and began a series of attacks to preserve mouse rights.
In 1976, the US Congress passed a new law, driven by Disney, which extended the copyright term from 56 to 75 years. Later, in 1998, another law, known as the “Sonny Bono Act” or “Mickey Mouse Protection Act”, extended the term to 95 years.
Now, with the copyright term about to expire in 2024, Disney will face a new scenario in which the character will become accessible to everyone, within the limits established by the first appearances in “Steamboat Willie”.
However, iconic elements of Mickey, such as his gloves and colors known today, will still be protected by the law copyright for a few more years.
The situation also raises questions about how Disney will protect the character in the future. Beyond the Copyright, the company may use trademarks to maintain control over Mickey Mouse.
Experts warn that US courts have a history of rejecting trademark arguments to prevent the reproduction of works in the public domain.
As the 2024 date approaches, Disney will have to seek creative and legal strategies to maintain the exclusivity of the company's most famous character.
In the meantime, creators and artists eager to capitalize on Mickey Mouse's public domain should be aware of the historical details of the character to avoid legal problems with the productions still protected by the copyright of the Disney.
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