As if Disney didn’t have a rough enough 2023, the new year is off to a bad start as the original Mickey Mouse short from 1928, Steamboat Willie, has moved into the public domain, meaning that anyone is free to use it and interpret it. However, don’t expect that to result in a flood of bootleg Mickey Mouse projects. In addition to Steamboat Willie, also slipping into the public domain is another short, Plane Crazy. It is those shorts and only those shorts that are up for grabs.
Last year saw A.A. Milne’s Winnie-the-Pooh fall into the public domain resulting in the low-budget horror flick Winnie-the-Pooh: Blood and Honey. Many wondered why characters like Tigger weren’t included, but the reason is simple — the character wasn’t in the original book. He came along later, although that book, The House on Pooh Corner, is now also in the public domain so expect to see him in the already-announced sequel.
Back to Steamboat Willie… yes, that short is up for grabs with no need to ask permission, but the characters of Mickey Mouse and Minnie Mouse are not really. Any interpretation of the characters has to be the exact versions from this release. Mickey has to have two black dots for eyes, no irises. That version didn’t wear white gloves. This was also a black and white release, so no red shorts or yellow shoes. Perhaps, most importantly, he can’t speak.
This is a copyright issue as opposed to a trademark issue. There’s a lot of legal speak, but there is a difference. To put it simply, Disney has trademarked the names “Mickey Mouse” and “Minnie Mouse.” No one can use those.
The first time Mickey appeared in color wasn’t until 1935’s The Band Concert. That version is still years away from falling into the public domain.
A spokesperson for Disney explained:
“More modern versions of Mickey will remain unaffected by the expiration of the Steamboat Willie copyright, and Mickey will continue to play a leading role as a global ambassador for the Walt Disney Company in our storytelling, theme park attractions, and merchandise. We will, of course, continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright, and we will work to safeguard against consumer confusion caused by unauthorized uses of Mickey and our other iconic characters.”
Also, bear in mind that Disney is famously litigious. If anyone wants to cash in on Mickey Mouse, expect a fight.
In addition to other works, also now in the public domain is Peter Pan. Once again, just the literary versions, so not Disney’s adaptation.
Are you intrigued by other parties taking a swing at Steamboat Willie? Or are you dreading any non-Disney takes on Mickey and Minnie?
