Tuesday, July 5, 2022

Disney without Mickey Mouse? It could happen, and sooner then they think...

 I think I want to be a fly on the wall when 
they have to defend this... 

Disney could soon lose exclusive rights to Mickey Mouse due to copyright law.The copyright of any anonymous or pseudo-anonymous body of artistic work expires after 95 years, which means that in 2024, the original Mickey Mouse that was created on Oct. 1, 1928, will enter the public domain.
The copyright expiration does come with limitations though, said Daniel Mayeda, the ​​associate director of the Documentary Film Legal Clinic at UCLA School of Law, as well as a longtime media and entertainment lawyer.
"You can use the Mickey Mouse character as it was originally created to create your own Mickey Mouse stories or stories with this character," he told the Guardian. "But if you do so in a way that people will think of Disney — which is kind of likely because they have been investing in this character for so long — then in theory, Disney could say you violated my copyright."
He that Mickey Mouse originally appeared in the black and white cartoon "Steamboat Willie," which was a pioneering animation film due to its use of synchronized sound. As the National Museum of American History explains, Mickey Mouse has over the years gone through several transformations to his physical appearance and personality.
 

"In his early years, the impish and mischievous Mickey looked more rat-like, with a long pointy nose, black eyes, a smallish body with spindly legs and a long tail," the museum states.
It is this "rat-like" Mickey Mouse that will be stripped of its copyright. Mayeda explained that Disney still retains its copyright on any subsequent variations in other films or artwork until they also reach the 95-year mark. That's not to say artists wishing to make use of the copyright expirations have free rein.
There are certain aspects of a character that are recognized by the general public as part of the Disney brand and these are off-limits for artists who could suffer legal repercussions if their work confuses the public into thinking the art is affiliated with Disney.
 

"Copyrights are time-limited," Mayeda said. "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."
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