“Mickey Mouse and the Public Domain Dilemma”

On January 1, 2024, Disney’s iconic character Mickey Mouse faced a unique twist in copyright law. The original 1928 script for “Steamboat Willie,” Mickey’s debut, entered the public domain, allowing creative reuse of that specific version. However, this doesn’t extend to later iterations like those in “Fantasia” or “Mickey Mouse Clubhouse,” which remain under copyright.

Kembrew McLeod, a communications professor, emphasized that only the appearance in the specific film is entering the public domain. Trademark law, protecting Mickey Mouse as a brand, ensures continued control over the character. Ruth Okediji, a Harvard Law School professor, expressed concerns about trademark law potentially undermining the public domain.

Jennifer Jenkins, director of the Duke Center for the Study of the Public Domain, explained that while people can incorporate clips from “Steamboat Willie” into projects, caution is necessary to avoid trademark infringement. Disney’s history of litigiousness in protecting its trademarks, such as threatening daycare murals in 1989, is noteworthy.

Despite the potential challenges, there’s a shift in Disney’s focus towards combating online piracy rather than copyright and trademark lawsuits. McLeod noted that the value of a 1928 cartoon in 2024 might not be as significant, and Disney even made “Steamboat Willie” available on YouTube for free in 2009.

This development raises questions about the balance between protecting creativity and maintaining a vibrant public domain. Copyright extensions, while benefiting corporations, can limit cultural conversations and innovation. McLeod argued that copyright, as originally intended, was meant to protect creators for fewer than 30 years, emphasizing the need to reconsider current copyright practices.

In conclusion, while “Steamboat Willie” adds a slice of Disney history to the public domain, trademark laws continue to safeguard the iconic mouse, highlighting the ongoing challenges in finding a balance between creativity, protection, and public access.