Copyright laws have been thrust into the spotlight in recent years due to the well-known characters that have entered the public domain. A. A. Milne’s Winnie-the-Pooh characters became public domain properties at the start of 2022, which resulted in the production of the wildly divisive Winnie-the-Pooh: Blood and Honey, an R-rated slasher based on the children’s characters. Come the beginning of the year, Disney’s most iconic character—at least in part—will be the next major character to enter public domain character.
On January 1st, the earliest versions of both Mickey Mouse and Minnie Mouse will enter the public domain, allowing anyone to legally use the characters’ likeness in any way they see fit. The biggest catch here, of course, is that neither the entirety of either character is entering public domain but rather, the versions that appeared in Steamboat Willie and Plane Crazy, the two animated shorts produced and released by Walt Disney in 1928. Current copyright law states that characters and stories are protected for 95 years after publication with those characters becoming “free game,” so to say, on the 96th year after publication.
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What does Disney say about the Mickey Mouse copyright expiration?
Disney has largely remained silent on the matter, save for a brief statement last year in which the company reiterated it’s desire to continue protecting its characters in whichever manners it legally can.
“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,” Disney said in a statement last year (via Cartoon Brew). “That will not change when the copyright in the Steamboat Willie film expires. 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, and we will work to safeguard against consumer confusion caused by unauthorized uses of Mickey and our other iconic characters.”
Disney has carefully maintained trademarks for both Mickey and Minnie in the decades since their introduction, meaning it may become difficult to use the characters’ names while using their likeness. That said, the United States Supreme Court has offered previous rulings that say companies cannot use trademark law as a way to skirt copyright laws and continue having exclusive rights to intellectual property through the use of trademarks, which never expire so long as the protected terms and logos are in continued use.
Interestingly enough, Tigger—one of the most popular supporting characters of Winnie—is also entering the public domain on Monday, January 1st, given he first appeared in a Disney-created story in 1928 as well.
