In November of 1928, the animated short film “Steamboat Willie” was released by Walt Disney Studios in the United States. At the time, the film was noteworthy for its use of synchronized sound and its memorable soundtrack. However, and perhaps more importantly, it also marked the first major appearance of Mickey Mouse and Minnie Mouse, two animated characters that would later become mascots for Disney. As of January 1, 2024, Steamboat Willie’s copyright expired and the film subsequently entered the public domain. With no copyright, Disney no longer has exclusive rights over the film, meaning anyone can now use or reference the work without the creator’s permission. This recent development raises questions concerning how Mickey’s likeness may be used in the coming years, but it also serves as an important reminder that protecting unique intellectual property is essential for artists and businesses alike.

The "public domain" is a collection of creative works that are not protected by intellectual property rights and may include music, art, films, designs or literature. In some instances, a creative work may not be protected because it was created before the concept of legal copyright was established. Shakespeare’s plays are one of the most notable examples of works that exist in the public domain simply because they were written before the laws existed. In other situations, like with Steamboat Willie, the copyright protection may expire. Under US law, a copyright can be retained by the creator for up to 95 years. Other countries have laws and protected periods that may be longer or shorter than that. In other cases, a creative work may be in the public domain simply because the creator never sought to properly protect the work in the first place.

Once a creative work is in the public domain, it can be used, referenced, adapted or transformed into something new. For example, since Mickey Mouse has now entered the public domain, news has circulated that a horror-comedy involving the beloved character will begin production this year. It is important to note, however, that only the old version of Mickey used in the 1928 film is available for use, while Mickey and Minnie’s modern designs are still protected. Moreover, Disney retains separate trademarks on Mickey as a brand mascot, thereby providing an added layer of protection for iconic images like Mickey’s ears, which are well recognized logos of the company. While a copyright protects original works of authorship or art, trademarks are used to protect more essential and distinct elements of a brand like slogans, logos or other designs that identify a product or company.

While most people are not creating animated films or musical compositions that need to be protected by copyright, many business owners should still seek to protect their brand with legal safeguards. This may include registering a trademark with the United States Patent and Trademark Office for logos/slogans associated with your business, service or product. It may also include registering a trade name with your state’s department of assessments if your business does not operate or advertise using its legal business entity name. In any such situation, it can be vital for business owners and entrepreneurs to protect their brand so that competitors may not use established titles or logos for their own benefit.

For Walt Disney Studios, while they no longer have a legal right in protecting the earliest iterations of Mickey and Minnie, they can rely on existing protections for their modern versions of both characters. Yet, for many business owners and entrepreneurs alike, protecting intellectual property that is vital to their business may be an important step towards ensuring the longevity of their brand.

Reach out to any RKW attorney to learn how you can protect your intellectual property.