In less than two years, the first animated shorts featuring the character of Mickey Mouse will be in the public domain, and Disney will no longer be able to prevent other artists or companies from using the character’s form under US copyright law. Of course, this assumes that nothing has changed between now and January 1, 2024, when the character is currently scheduled to become a public domain. In the past, Disney has lobbied hard to change copyright laws in order to benefit itself and other companies that hold copyrights that are approaching their natural expiration date. So far, it doesn’t look like there are any major changes coming to US copyright law – and if they don’t, it could signal a big change.
Mickey’s first appearance was in the 1928 animated short “Steamboat Willie”, which will go into the public domain at the end of 2023, 95 years after its first release. In short, Mickey looks more or less as he does now, except that he wore a hat (since he’s been driving a motorboat) and had less detail than seen in recent photos.
Mickey actually appeared in another short film, “Hungry Hobos,” which was made before “Steamboat Willie,” but was never released, lost, and only found again in 2011, in daily mail.
When Winnie-the-Pooh became public domain earlier this year, experts advised caution: Characters and materials created after the initial book’s release can (and still) be protected by copyright, including characters like Tigger, who appeared in Subsequent books. Disney’s signature version of Pooh, which was stylized and didn’t look identical to those in the original AA Milne stories, is also protected by the Disney trademark.
When “Steamboat Willie” was first released, the copyright term in the United States was 56 years old. Disney and others successfully lobbied for the 1976 Copyright Act, which extended protections to 75 years in most cases, while allowing authors who sold their rights to petition for their return after 56 years. In 1998, Disney lobbied for a further extension, pushing the public domain term to 95 years old. This means that no author will live more than the copyright of their work … but giants like Disney and Warner Bros. She hopes to live forever, so she always hopes for extra protection.
Given Disney’s deep pockets and the importance of Mickey Mouse to its brand, House of Mouse has always been the spearhead when it comes to copyright battles. If the laws don’t change before “Steamboat Willie” becomes public domain, that’s a possible sign that Disney has finished throwing money into these lobbying efforts, which will greatly increase the likelihood of characters like Superman and Batman entering the public domain in years past to come.
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