When will Mickey Mouse enter the public domain and how can Disney protect it?

The entertainment culture in the world of cinema, animation, and literature is reaching a point where works that have accompanied us for decades, once closely associated with a specific brand or company, are becoming public domain due to the passage of time. And as the 1 January 2024 ticks into play, Mickey Mouse will enter the public domain in the United States. This occurs as works are considered public when 95 years have passed since their publication, leading to the expiration of copyright. This applies to ‘Steamboat Willie’, the first appearance of Mickey Mouse, in a short film directed by Walt Disney and Ub Iwerks, which debuted in 1928. Watch it here!

Mickey Mouse goes public in 2024

One might wonder, of course, given the continued importance, if there is any possibility for Disney to protect its character. Although figures like Mickey Mouse, Minnie, Donald, Goofy, and others have been less prevalent recently, they have been a significant part of our lives for decades, appearing in various series, productions, comics, games and the likes.

With the public domain transition, as stated above, it is specifically the first version of Mickey Mouse, as seen in ‘Steamboat Willie’, that becomes public. This early version of the animated mouse, characterized by its distinctive black and white appearance, will be in the public domain, but subsequent versions of Mickey Mouse that have emerged over the years remain protected by copyright. They await their day.

In response to the 2024 development, Disney released a statement.

“Since Mickey Mouse’s first appearance in the 1928 short film ‘Steamboat Willie’, people have associated the character with Disney’s authentic stories, experiences, and products. This will not change when the copyright of the film expires. Of course, we will continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright, and work to safeguard against consumer confusion caused by unauthorized uses of Mickey and our other iconic characters.”

Disney and copyright: Winnie the Pooh, Bambi...

It’s not the first time that a Disney character or one associated with the American company has entered the public domain. On 1 January 2022, Winnie the Pooh experienced this transition, and Bambi is another character that has undergone this process. In the case of Winnie the Pooh, created in 1926 by British writer Alan Alexander Milne, the character has already been used to createa horror movie titled ‘Blood & Honey’. This film grotesquely utilizes the universe of the beloved bear and his friends, aiming to draw attention by using the well-known license that had become public domain.

Mickey Mouse is more though, and also represents Disney almost entirely as a brand, and unlike copyrights, trademarks do not expire as long as they remain in use and are registered. As the mascot of the company, Mickey continues to be a registered trademark of Disney. However, the Supreme Court has ruled that companies cannot use trademarks to prevent works from entering the public domain. This ruling means that while Disney can protect the Mickey Mouse trademark, it cannot use this to prevent the original version of Mickey Mouse from becoming public domain.

There will be a need to closely monitor developments around Mickey Mouse and its first version. Disney will likely try to prevent anything similar to what happened with Winnie the Pooh from occurring, especially considering the character’s significant role as a company mascot and its importance in Disney’s brand identity. But no doubt there will be some people planning to take advantage...