09 January, 2023: What does public domain mean? What is copyright? Is it different from Patent and Trademark? Most important...what will happen to Micky? Read the ReferencePepper!
One of The Walt Disney Co.'s most famous characters, Mickey, is about to become publicly available for the first time. At the end of next year, Steamboat Willie, the 1928 short film that made Mickey famous, will no longer be protected by copyright in the United States and a few other nations.
But before we start explaining copyright, trademark, infringement etc. let's go through some fun and interesting facts about our favourite mouse:
Mickey has starred in over 121 theatrical releases, including shorts and featurettes.
The first person to give Mickey his voice was none other than Walt Disney himself!
Picture source: wikipedia
Mickey has different names around the world. For example, he is known as Musse Pigg in Sweden, Mi Lao Shu in China and Topolino in Italy.
On November 18, 1978, in honor of his 50th anniversary, Mickey became the first cartoon character to have a star on the Hollywood Walk of Fame. The star is located on 6925 Hollywood Blvd.
Walt Disney’s original name for Mickey was Mortimer! However, his wife Lillian Disney felt that it didn’t work for the character Walt had created and hence, she suggested Mickey!
Mickey’s first phrase was his now-famous “Hot dog! Hot dog!”
While Steamboat Willie was Mickey’s very first appearance, he made his feature film debut in Fantasia in 1940.
What does copyright mean ?
The legal right of the owner of intellectual property is referred to as copyright.
Copyright thus simply means, the right to copy. This right to copy or duplicate can only be given by the individual or Company who have registered the product under copyright law.
The only people who have the sole right to reproduce a work are the original authors of that work and anyone to whom they grant permission.
For a specific period of time after which the copyrighted object enters the public domain, copyright law gives original material producers the sole right to continue using and duplicating their work.
In the U.S., the work of creators is protected by copyright laws until 70 years after their death.
So what's the difference between Copyright, Patent and Trademark?
A copyright protects original works of authorship. Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format.
A patent protects new inventions, processes, or scientific creations. Technical inventions, such as chemical compositions like pharmaceutical drugs, mechanical processes like complex machinery, or machine designs that are new, unique, and usable in some type of industry.
A trademark protects brands, logos, and slogans. A word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services.
Source: United States Patent and Trademark office and Investopedia
What all is covered under Copyright?
Under copyright law, a work is considered original if the author created it from independent thinking void of duplication. This type of work is known as an Original Work of Authorship (OWA).
Source: Investopedia
Examples: include art, computer software, graphic designs, musical lyrics and compositions, sound recording, novels, film, original architectural designs, website content etc.
Why should one Copyright?
Simple. To prevent anyone else from using or replicating it.
Why prevent? It's the hard work and originality of an individual or Company. Why would they allow anyone to just copy or replicate it. The owners mostly allow replication out of generosity or monetary or other benefits in return.
Even though copyright is not mandatory but advisable for a product which the owner feels is unique and they may receive monetary benefits by allowing rights of duplication or use in any way. Copyrighting gives them an advantage in the legal system in the event in case need arises.
You must have heard the term Copyright Infringment. Sounds heavy, doesn't it? But it simply means using someone else's original work without using the copyright owner's permission. But if the owner wins the legal battle it may lead to huge embarrassment and penalty.
And what do they mean by Public Domain?
As per Stanford University “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. Which means, that works in the public domain may be used without any restrictions whatsoever.
A work could be in Public Domain for various reasons:
| The material owner or creator never applied for copyright |
| The copyright tenure expired |
| The owner/ creator decides to revoke copyright even before expiry and makes it open to everyone |
| The work does not fall under any categories eligible for copyrighting |
How has Disney maintained copyright laws ?
Disney has been extremely stern about safeguarding its characters. Disney previously forced a Florida daycare facility to remove an unapproved Minnie Mouse artwork. The company fought so hard in 1998 to extend copyright protections that the final legislation was known as the Mickey Mouse Protection Act.
And now, back to the main article:
Which Mickey Mouse version is going public and what is happening with the others ?
There is only one expiring copyright. It discusses Mickey's unique appearance as shown in "Steamboat Willie." This silent Mickey has rat-like nostrils, primitive eyes without pupils, and a long tail.
Later versions of the figure, including the friendlier, rounder Mickey with the purple shorts and white gloves that audiences are currently most familiar with, are still covered by copyrights. Over the upcoming period of time, they may access the public space at various times.
Due to the Steamboat Willie copyright having expired, third parties may now display and even sell the black-and-white short without Disney's consent. (However, there could not be much value for sales. Disney previously made it available on YouTube for free.)
It also implies that everyone can use the movie and the original Mickey to advance their own creativity by coming up with new stories and works of art.
Did Disney miss out?
Things become complicated because Disney also owns trademarks on its characters, including the Mickey Mouse from Steamboat Willie, and copyrights never expire as long as businesses continue to file the necessary paperwork.
As per the US copyright law, the rights to characters expire 95 years after publication (for works published or registered before 1978).
Thus, Disney, which is also called the House of Mouse due to the character, may lose the rights to the character. But that reportedly includes just the 'Steamboat Willie' version of the character.
Daniel Mayeda (associate director of the Documentary Film Legal Clinic at UCLA School of Law) said,
“Copyrights are time-limited, Trademarks are not. So Disney could have a trademark essentially in perpetuity, as long as they keep using various things as they’re trademarked, whether they’re words, phrases, characters or whatever.”
While the "Steamboat Wille" Mickey will no longer have copyright advantage, as per Mayeda Disney will retain its copyright on any subsequent variations until they reach the 95-year mark.
Winnie the Pooh from the Hundred-acre Woods and most of his co characters entered public domain in 2022.
