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Mickey Mouse Could Soon Leave Disney As 95-Year Copyright Expiry Nears (theguardian.com) 237

schwit1 writes: Mickey will be for the public domain in 2024, following U.S. copyright laws that state intellectual property on artistic work expires at the 95-year mark. When Mickey Mouse first appeared, Disney's copyright was protected for 56 years. The company supported the Copyright Act of 1976 which extended protections for 75 years. In 1998, Disney lobbied for a further extension. It is unclear whether the entertainment giant plans to make another move before 2023 to prevent Mickey from being moved into the public domain. Once copyright expires, anyone wishing to use characters from everyone's favorite rodent will not have to request permission or pay copyright charge.
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Mickey Mouse Could Soon Leave Disney As 95-Year Copyright Expiry Nears

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  • 95-year copyright (Score:5, Insightful)

    by RemindMeLater ( 7146661 ) on Monday July 04, 2022 @12:02PM (#62672466)
    Is absolutely insane. That's three generations. A thirty year copyright is entirely reasonable.
    • by DarnOregonian ( 10088276 ) on Monday July 04, 2022 @12:06PM (#62672482)
      Don't remind me. I already called dibs on Minnie.
    • Renewal fees are needed for long copyright there is to much abandonware

      • Yes.

        Mandatory registration and renewals. Period. Would solve A LOT of problems with the public domain getting screwed over.

      • Re: (Score:3, Interesting)

        Property tax too, no reason for copyright to be exempt

        • by djinn6 ( 1868030 )

          There's no need for a tax if the registration fee is high enough. I think copyright should start with 10 years for free as long as a copy is made available to the copyright office. Then starting at year 11, it costs $10 to maintain the copyright for another year. Then it doubles every year after that. Once the holder decides they don't want to pay anymore, the copyright office releases the work into the public domain.

      • by ArchieBunker ( 132337 ) on Monday July 04, 2022 @01:41PM (#62672730)

        For Disney the renewal fees are known as lobbying.

      • Renewal fees are needed for long copyright there is to much abandonware

        Yep. It's common sense.

        (and that's why it will never happen - Disney's lobbyists will be gearing up as we speak...)

    • It's my understanding that ONLY the original artwork for mickey becomes public domain in 2023 because the other images were copywrited at later dates as the character evolved to become more neotenous. Basically steam boat willy era pics are losing protection
      • Basically steam boat willy era pics are losing protection

        Except they won't.

        Disney lobbyists will be preparing their new copyright-extension campaign as we speak.

        What's needed is to revert the time to 30 years (say) and let people pay a yearly renewal fee if they want to extend it past that.

        • by jmccue ( 834797 )

          We both know how this will play out. They will buyoff many congress critters, and since 2022 is an election year you can expect a fire-sale soon. So no, no one alive today, even people born today, will ever see a copyright expire that is owned by a large corporation (in the US).

          Curious how this will work in the EU.

      • by AmiMoJo ( 196126 )

        The character himself will lose copyright protection. Anyone can make original Mikey Mouse cartoons. Anyone can use him in ads. Someone could open a Mikey Mouse theme park.

        The original cartoons were silent so his voice might not be freed.

    • by q4Fry ( 1322209 ) on Monday July 04, 2022 @12:17PM (#62672526)

      IANAL, but isn't TFS misleading in that it conflates copyright with trademark? Even if the first movie featuring Mickey is out of copyright, that doesn't necessarily mean you can use him as a character in your fanfic. It just means you can play (and remix?) the movie.

      I was under the impression that a trademark can be renewed indefinitely, but you have to actually do the renewal. (And enforce your trademark, and maybe some other things...)

      • It does necessarily mean that.

        Trademarks are not substitutes for copyrights, and are in fact, inferior to them (and to patents). The expiration of the copyright will diminish the trademark.

      • You definitely can use the character in fanfic -- trademark protects a very specific depiction, not the textual description of the mouse. Your graphic novel may have problems.

      • Trademark protects the origin of products. So even though Mickey is out of copyright (when that happens), the trademarks will still mean that you can't sell a depiction of Mickey that appears to come from Disney even though it doesn't. When the copyright expires, you can use the character in new works, but it needs to be the character as used in the original films, not the character as it has evolved into in later films, or you can use an original version as long as it derives from the out of copyright vers

    • by Luthair ( 847766 )
      I feel like it should be the author's life or 30-years. Consider copyrights don't only benefit large wealthy corporations, with a simple 30-year term limit HBO could have simply waited 10-years and released their adaption of Game of Thrones have not paid George RR Martin a penny.
    • Probably substantially less than that. There was an actual economic study on this years ago that settled on 15 years. If you permit different terms for different classes of work -- treat a movie as different from a book, for example -- you can get shorter ones.

      For example, a year would probably be quite generous for a newspaper or news broadcast.

    • by splutty ( 43475 )

      They still have 2 years to bribe enough senators to get it extended another 25 years.

    • Blame congress. Bunch of fucking corporate ass kissers.
  • Maybe Disney will go away before the mouse does.

    • by Tablizer ( 95088 )

      > Maybe Disney will go away before the mouse does.

      Careful what you wish for. Yes, they are Dicky Mouse, but imagine if evangelicals fill the niche created by their downfall.

  • Sadly (Score:5, Interesting)

    by Powercntrl ( 458442 ) on Monday July 04, 2022 @12:09PM (#62672490) Homepage

    Public domain rodent owes its fate not due to the government finally getting a clue when it comes to copyright length, but out of childish political retribution for Disney daring to take a side in the LGBTQ+ culture war. Ordinarily, the Republicans would happily cash their mouse money checks and keep signing off on extending copyright until the heat death of the universe. It's the right thing, for entirely the wrong reason.

    • add an renewal fee with an big tax on it to fix copyright

    • by Tablizer ( 95088 )

      The unspoken pact between big biz and GOP is "let us Republicans do our troglodyte religious shit and you get tax breaks and freedom to pollute". Disney broke the second rule of Medieval Club.

    • Disney and the rest of the "woke" mega corporations are still donating money. They stopped after Jan 6th for about 6 weeks but then opened the money spigot right up.

      One of the major complaints on the left has been all the corporations offering to pay for their staff to get medical care out of state in the wake of Roe v Wade while still donating tons of money to the folks trying to criminalize that medical care.
      • by fazig ( 2909523 )
        It's almost like they'll do whatever they think will benefit them in some way down the line. You know, like a profit oriented corporation would do.
        But people appear to prefer to pigeonhole things into political camps based on what they disagree with.
    • Public domain rodent owes its fate not due to the government finally getting a clue when it comes to copyright length, but out of childish political retribution for Disney daring to take a side in the LGBTQ+ culture war.

      Not in the least. If Disney were going to try for another retroactive extension, they would've been working on it years ago. Instead they haven't even tried; they're not trying even now.

      Weirdly, this hasn't stopped Republicans from announcing bills (and even enacting laws) to punish Disney for not wholeheartedly supporting the Republicans and their agenda at every turn.

      It's the right thing, for entirely the wrong reason.

      No, the right thing would be substantive copyright reform applied to everyone. This isn't even that; it's too narrowly focused and too du

    • by fermion ( 181285 )
      The expansion of copyright has been primarily driven by Disney. It is sad how much influence one corporation can have and how desperate politicians are for cash. When everything was being blamed on social media, Florida excluded Disney for its anti social media laws.

      But Disney influence is waning. The last copyright law was named the Sony Bono act, which no one knows because he and his has been partner are only of intent to drug addicts. I donâ(TM)t know if there is any other works that can be used t

    • Only mention of death in the discussion, but Subject is the joke I was looking for... Now off to be disappointed by the Funny mods (or lack thereof).

  • by cirby ( 2599 ) on Monday July 04, 2022 @12:12PM (#62672506)

    Disney still trademarks every incarnation of Mickey and their other characters, so no, you won't be able to use the image of Mickey completely without reservations.

    • Disney still trademarks every incarnation of Mickey and their other characters, so no, you won't be able to use the image of Mickey completely without reservations.

      So certainly one could redistribute the Steamboat Willie cartoon (with Mickey Mouse) that is about to fall out of copyright.

      And you could certainly not make a cartoon staring the latest 3d incarnation of Mickey Mouse [wikipedia.org]*

      But could you make a character named Mickey Mouse if it were clearly inspired by the Steamboat Willie incarnation? Could you make an advertisement with an unnamed black and white image from the cartoon? Or a depiction of that character?

      I can also imagine TV shows making a satirical MM derivativ

      • by cpt kangarooski ( 3773 ) on Monday July 04, 2022 @01:32PM (#62672710) Homepage

        So certainly one could redistribute the Steamboat Willie cartoon (with Mickey Mouse) that is about to fall out of copyright.

        And a few others, like Plane Crazy and the Gallopin' Gaucho.

        But could you make a character named Mickey Mouse if it were clearly inspired by the Steamboat Willie incarnation?

        Yes.

        Could you make an advertisement with an unnamed black and white image from the cartoon? Or a depiction of that character?

        Yes, but with limits. Also expect extensive litigation.

        The sine qua non of a trademark is that it is a source identifier. That is, things marked with the trademark can be relied upon to ultimately emanate from (or be authorized by) a single source. For example, a computer with the APPLE logo and the MACBOOK name on it must be made by or at least under the supervision and control of Apple. A computer that merely has the word COMPUTER printed on it could come from anywhere, however; that word does nothing to indicate the origin of the product. We call such a mark a 'generic' mark.

        Everyone is free to use generic marks.

        While you might think that a generic mark is the generic term for the product -- BLUE JEANS for blue jeans, for example -- it's also possible for a fully protected mark to stop functioning as a source identifier in the minds of the public and to become generic, a process known as 'genericide.'

        ELEVATOR, ESCALATOR, and TRAMPOLINE used to be trademarks and now they're generic. ASPRIN also, but it's a special circumstance. Some marks have famously flirted with genericide for a long time: KLEENEX for paper tissues, or XEROX for photocopiers. (Xerox, like a number of other businesses on the edge of the cliff, will advertise the proper use of its mark if only to build a foundation for its argument that it isn't generic. My favorite was "You can't xerox a xerox on the xerox" referring to the mark's use to mean 'photocopying,' 'photocopies,' and 'photocopiers.')

        But the generic mark that's interesting here is SHREDDED WHEAT.

        Long ago, there was a patent on shredded wheat cereal and the machine used to make it, and Nabisco (which owned it) was the only company that could make and sell cereal using the SHREDDED WHEAT trademark; the patents were the basis of it being the sole source. When the patents expired, Kellogg's started making it too, and called theirs KELLOGG'S SHREDDED WHEAT. The Supreme Court held that when the patents expired, they dragged the trademark down with it -- if there was no longer a sole source for shredded wheat, the trademark couldn't function.

        This is what will happen with the MICKEY MOUSE trademark... in part. Since there will no longer be a copyright protecting the character (at least in its original 1928 incarnation -- attributes introduced later, like the voice or changes in appearance remain protected until the works that introduced them also fall into the public domain), there can no longer be a single source, and so can no longer be a trademark.

        But that really focuses on the market for creative works and maybe close ancillary goods.

        There's nothing that prevents one from using a public domain character as a trademark so long as it doesn't interfere with the use of the character for more creative works (because trademarks -- even famous marks -- are not substitutes for copyrights). For example, in the US, PETER PAN is used as a trademark for both peanut butter and bus lines, but it's a public domain character here.

        So Disney can retain the MICKEY MOUSE trademark for, for example, mouse-head-shaped ice cream bars, but can't stop you from making a movie starring the character, and possibly some merchandise featuring it. (There's a fine line between using a trademark as a brand and using it as mere artwork)

      • by martinX ( 672498 )

        Steamboat Willie. Great pornstar name. Or movie name.

  • by fahrbot-bot ( 874524 ) on Monday July 04, 2022 @12:14PM (#62672510)

    Let's offer Disney up new alliteratively-named mascots, starting with ones Ubuntu probably won't use, like, "Lickey Louse" ...

  • > Once copyright expires, anyone wishing to use characters from everyone's favorite rodent will not have to request permission or pay copyright charge.

    The mouse and other various characters are trademarked. Trademarks don't expire if the holder defends against infringement. This was actually used as a red hearing during the SCOTUS trial where suit was brought about unreasonable copyright periods to keep existing law from being overturned.

    Steam Boat Willie, the story and the cartoon, would become available for free use and derivative creation however.

    • by ffejie ( 779512 )
      Can someone help explain this to me? Steamboat Willie - the actual artwork, and presumably the audio - can be repurposed, printed on t-shirts, hats, remixed, etc. etc. But the other artwork that Disney has created around the IP of Mickey cannot be repurposed, correct? So, Mickey Mouse Clubhouse (2006) is still off limits - you can't steal a frame from that and use it as a logo, right?

      But new original artwork, using the likeness of Mickey is OK, I think? So, if I draw something that looks exactly like Micke
      • by Junta ( 36770 )

        Specifically, using the likeness of Mickey as he appeared in Steamboat Willie. Distinctive features that have evolved would be covered by the copyright of the time it came out.

      • by Rhipf ( 525263 )

        The easiest way to look at it is that you can use any part of Steamboat Willie as you like (once copyright has expired) but you could not make a new movie featuring Steamboat Willie (or Mickey Mouse) as that character is still under trademark restrictions.
        So yes, you could make t-shirts with frames from Steamboat Willie on it but you wouldn't be able to make a t-shirt with a newly created image of Mickey Mouse (due to trademark issues) nor a frame from a Mickey Mouse movie that came after Steamboat Willie u

    • Yes, just because the first appearance of a character enters the public domain, doesn't mean it's open season. The original Sherlock Holmes stories have been in the public domain for decades, but the rights holders still make life difficult for anyone trying to create derivative works by claiming certain aspects of Holmes' character were not revealed until later works (not even written by Sir Conan Doyle) that are still under copyright. However, expect dollar stores to soon be full of Mickey Mouse DVDs fe

      • by Kremmy ( 793693 )
        Dollar stores are already full of the mountains of schlock that gets pumped out of the Disney merchandising machine, they don't need third parties to do it for them.
  • Disney has a hell of a lot of money, they'll buy another 20 year extension.
  • Winnie the Pooh lost it, and the next thing we knew some kind of bizarre horror movie was made. They gave Disney a black eye and a gift on a silver platter simultaneously. The lobbyists will be in every congress office with a giant poster showing the most gruesome images. "You're going to let this happen to Mickey Mouse??? What will you tell the parents???"

  • The last thing we need is Disney waking up to this and starting a second round of copyrights forever nonsense.

  • I wonder if we will see Disney pushing hard for copyright law changes as a result of this.
  • Characters being in the public domain never stopped Disney from using them before.
    • There would be very, very few animated Disney movies if it had.

      Disney has no problem profiting from public domain content, but not giving back. Over here, we call that a sponger.

  • Harlan Ellison once was fired from his job at Disney on his first day. He was in the cafeteria and joked about how someone should make a porn movie starring Mickey banging Minnie. Roy Disney was standing behind him, and fired Harlan instantly.
  • Modern Times
    Criss Cross
    It Happened One Night
    Wizard of Oz
    Gone With The Wind
    Casablanca
    The Third Man
    Rope
    It's a Wonderful Life
    Citizen Kane
    Maltese Falcon
    Arsenic and Old Lace ...all would have passed into the public domain by now.

  • And the sad truth is we'll boycott them until the very next Marvel/Star Wars movie, then everyone caves in.
    Disney is like our Dominatrix but without the sexual component.
    • I'm cured from Star Wars with what they did to it. And I never really was into Marvel. Come to think of it, maybe I'm not really the target audience, I still think what some people slap together on YouTube has more entertainment value than their drivel.

  • That's just how media giants behave. They make mass-scale claims even against properties they never owned in the first place, just daring anyone to spend money to fight back.
  • Only renderings of Mickey Mouse that are more than 95 years old, will be public domain. Any more recent depictions will still be under copyright.

  • What this means is the 1928 cartoon Steamboat Willie, which was pretty much the first to feature Mickey Mouse, will be in the public domain. Mickey Mouse (the trademarked character) will not be public domain, but that specific artistic work (that one cartoon) will be. Then over time more and more individual cartoons will become public domain as well. It's safe to say Disney makes next to nothing off those older cartoons at this point in time. The last couple decades has really seen a decline in the popular

  • ... to become the DNC's new mascot.

  • to extend the copyright another 50 years...

  • It's time for another Disney campaign contribution to push it to 120 years.

  • Making a new movie of Mickey has no influence on copyright extention. The original Steamboat movie will enter public domain, so anyone can do with it what he/she wants. But it doesn't mean you can use the character freely.

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