Disney's earliest Mickey Mouse is now in the US public domain

On January 1st, 2024, Disney's 1928 version of Mickey Mouse entered the public domain. The event is a historical landmark as the mouse came to symbolize the US' approach to copyright.

The cartoon that is now the property of the public is the one that appears in the animated short story 'Steamboat Willie,' whistling behind the wheel.

Image: Wikipedia / Public Domain

The US holds copyrights over creative work for a maximum of 95 years. It is one of the most extended copyright terms in the world, with most countries settling for between 50 and 70 years.

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Mickey Mouse benefited from an extension of copyright protection since his creation. The US has extended copyright protection first to 75 and then to 95 years.

Disney was one of the companies that pushed for longer terms, and the law was nicknamed the 'Mickey Mouse Protection Act.' That is why the cartoon mouse turned into a symbol for US copyright.

The image is now open for creative use... with a giant asterisk, as the company holds copyright over any newer version of the cartoon, and trademark law can protect it from specific uses.

The company, known for holding a tight grip on its characters, can sue if it feels that using 1928's Mickey Mouse can confuse people into thinking they are consuming a Disney product.

Jennifer Jenkins, director of the Duke Centre for the Study of the Public Domain, gave an example to the BBC, explaining that selling merchandise or products similar to Disney is off-limits.

"If I'm selling T-shirts with Minnie and Mickey on them," she told BBC, "and someone thinks erroneously that they're getting a Disney product, that's what trademark stops."

Jack Kendall, a content creator focused on Disney, told the news outlet he believes the company has a strategy to facilitate legal battles over using Mickey and the trademark law.

Kendall believes Disney has been using the 1928 version of Mickey more often in promos and movie openings in the last few years to make it part of their undeniable corporate image.

In any case, Mickey Mouse is not the only creative work to turn over to the public domain in 2024. The stage version of Peter Pan or Virginia Woolf's Orlando are also joining Mickey.

The most prominent characters and art pieces to enter the public domain have inspired creative and bizarre reinterpretations, like a Winnie the Pooh horror film.

Last year, with the expiration of the copyright, the honey-loving bear became the protagonist of 'Winnie the Pooh: Blood and Honey,' a slasher.

This year, Pooh could be joined by Tigger, who also entered the public domain on January 1st. According to CNN, Mickey Mouse could also be cast in two horror films.

The news channel mentioned 'Mickey's Mouse Trap', a slasher directed by Jamie Bailey, and a Steamboat Willie horror film directed by Steven LaMorte.

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