‘Mickey Mouse’, whose 95-year copyright has expired, can anyone use it freely?

 

 Have you heard that Disney's Mickey Mouse, a character loved by people all over the world, can be used for free from this year? In the United States, January 1st every year is Public Domain Day*, when content that was protected by copyright is converted into the public domain. The copyright on Mickey Mouse, which has been protected as Disney's representative mascot for the past 95 years, expires in 2023, making it a public property that everyone can use commercially.

 *Public Domain Day: Public Domain refers to a state in which copyright or other property rights have been given up by the owner or donated to the public, allowing anyone to use them freely. The United States has designated January 1st of each year as Public Property Day, when copyright expires and becomes public domain.

How long is copyright protected?

 Let’s first learn about copyright and copyright protection period. Copyright is the exclusive right that an author has to their own work, and it arises at the time of creation. Not only famous people's artwork and corporate characters, but even drawings made by children at home are copyrighted as soon as they are created.

clipartkorea.co.kr

 In South Korea, an individual's copyright can be protected for the life of the author and up to 70 years after death. Additionally, anonymous or pseudonymous (unknown) works last for 70 years from the time of publication. However, in the case of anonymous and pseudonymous works, copyright is deemed to have expired when 70 years have passed since the author's death.

 Copyright for business-related works is also recognized for 70 years from the time of publication. If the work has not been published within 50 years from the time of completion of creation, a protection period of 70 years from the time of creation is recognized.

Copyright protection period in the United States

 In the United States, individual copyrights are said to be valid for the life of the author and up to 70 years after death. However, if it is an anonymous, pseudonymous, or corporate work, the copyright lasts longer than in Korea. Copyright is said to be protected for 95 years from the first publication or 120 years from the year of creation, whichever comes first. Disney's Mickey Mouse made his name known when he first appeared in the 1928 animated film Steamboat Willie. 95 years have passed and it has become a creation that anyone can use starting January 1, 2024.

Are all Mickey Mouse characters public property?

 The answer is ‘No’. A notable characteristic of Mickey Mouse in 1928, when he debuted as Steamboat Willie, is that he does not wear white gloves. The eyes are black and the body size is small, making it quite different from the current Mickey Mouse. The Mickey Mouse that has become a public work this time is the Mickey Mouse of the past, first revealed to the public in 1928.

Mickey Mouse debuted as 'Steamboat Willie' in 1928
<source: Wikipedia>

 Since then, Mickey Mouse's form has changed little by little based on his past appearances. Through the changes, the current Mickey was born, wearing white gloves and having a stockier body than before and white eyes. New Mickey Mouse characters introduced after 1928 are still protected by copyright.

Mickey Mouse character evolution <source: News one>

Then can we freely use the 1928 version of Mickey Mouse?

 There is a meme that satirizes Disney’s strong copyright protection: ‘‘If you are unfortunate enough to be stranded on a desert island, don’t write SOS Survival, Draw a big Mickey Mouse on the ground’’, meaning that Disney’s legal counsel will come faster. In fact, there is a case where, under pressure from Walt Disney, the U.S. Congress extended the copyright term from 50 to 70 years after the author's death. Since the public knows that Disney is putting all its effort into protecting its copyrights, questions are raised as to whether they can really freely use the 1928 version of Mickey Mouse.

Expired copyright

 Since the 1928 version of Mickey Mouse's copyright expired, the character can be freely used in various creative works such as movies, broadcasts, cartoons, and games. Examples of famous characters becoming public property include Winnie the Pooh and Bambi the Little Deer, which showed various appearances in advertisements and movies after their copyrights expired. The cute Winnie the Pooh and Bambi also became the main characters of a horror movie. Mickey Mouse was no exception. Recently, a game distribution platform released a trailer for a horror game that transformed Mickey Mouse into a horror character.

'Winnie the Pooh', the killer horror movie protagonist, and Mickey Mouse transformed into a horror game character <source: Chosun.com/ gametoc>

Perpetual trademark rights

 Unlike copyright, which expires after the legal period, trademark rights can be renewed every 10 years, so Mickey Mouse's trademark rights are permanent. Therefore, if you want to use Mickey Mouse's name, logo, or character on a product or service, you must obtain permission from Walt Disney. In other words, the use of Mickey Mouse in copyrighted works such as movies, videos, novels, etc. is free, but when sold as a product or service, using the character without permission from the trademark holder is unauthorized use and is subject to legal action.

an example of virtual image using a character in a product (not an actual product for sale) <source: freepik>

 So far we’ve looked into how Mickey Mouse, one of the most famous characters on the planet, became public domain starting this year. I look forward to seeing Mickey Mouse more often in various forms in the future. Furthermore, we are also curious about Disney's future steps strengthening its trademark rights and discovering new characters after the expiration of the copyright for the 1928 version of Mickey Mouse. I hope that this case will be an opportunity for everyone to think about the various ripple effects that will occur due to the expiration of character copyright.