With the arrival of 2024, one of the most anticipated moments by movie fans, historians, and pop culture enthusiasts has finally come true: the original version of Mickey Mouse, Disney’s flagship character, has entered the domain. public.
Although there is an important asterisk, because it is not the Mickey Mouse that comes to mind when you think of the famous mouse. The one that now belongs to anyone is the first performance of Mickey, who was the protagonist of the 1928 short film Steamboat Willie. Only this version is now free to be used and reinterpreted by the general public.
This historic change is due to the fact that US law allows copyrights to be maintained for 95 years. This means that Disney’s exclusive control over Mickey Mouse in Steamboat Willie came to an end on January 1, 2024.
This animated short depicts a smaller, voiceless Mickey Mouse, very different from his current representation with big gloves, red pants, and shoes. This change in Steamboat Willie’s availability gives current artists and creators the ability to use this version of the character for whatever they want, albeit with significant restrictions if they don’t want to get in trouble with Disney.
Jennifer Jenkins, professor of Law at Duke University and director of the Center for the Study of the Public Domain, has expressed to EFE her enthusiasm for this event, comparing it to the symbolic release of the most emblematic character in American pop culture. “It can generate both a renewed interest in the original work, and a new creative wave based on that work,” she has commented on this moment.
For its part, a Disney spokesperson told CNN that, despite this expiration, the modern Mickey Mouse will continue to be a fundamental part of the Disney brand, in its theme parks, products and narrative. Therefore, it will work to avoid consumer confusion caused by unauthorized uses of the mouse and other iconic characters.
In this sense, Disney continues to maintain a strong and independent brand of Mickey as a corporate mascot and brand symbol, which prevents misleading use of the character. The law prohibits the use of the character in a way that confuses consumers into believing that a product is from the original creator. “What I can’t do is start creating merchandise and the same type of products that Disney sells,” Jenkins said.
This means that, while the 1928 version can be freely used and reinterpreted, any attempt to use the more modern, recognizable version of Mickey Mouse can raise legal issues.