Walt Disney once said that he hopes that we never lose sight of one thing – that it all started with a mouse. It seems that even the public domain will not allow us to forget this, as symbolically, at the beginning of this year, we reflect on a mouse and its strong influence on intellectual property law.

As of the year 2024, the copyright for the film “Steamboat Willie” has expired in the United States, placing it in the public domain within the U.S. Consequently, the initial versions of Mickey Mouse, paired with Minnie Mouse, is now open for unrestricted use by anyone. More specifically, this liberty pertains exclusively to the original characters from the mentioned film, while newer versions of Mickey Mouse (with white gloves, in color, and others) remain subject to copyright.

The original Mickey Mouse has now joined other Disney characters that are already in the public domain: Bambi, Winnie the Pooh, Cinderella, Snow White, Peter Pan…

Copyright protection varies among different countries, so Steamboat Willie and its Mickey Mouse are already in the public domain in some countries, while in others, copyright protection still persists.

Duration of copyright

For decades, the question of the duration of copyright has been the focus of many debates, and Mickey Mouse was often found at the very center of these discussions.

Namely, according to the Berne Convention from 1886, which establishes the foundations for various aspects of copyright and is one of the most significant international treaties in this field, a minimum duration of copyright is stipulated – 50 years after the author’s death or co-author’s death, depending on which of them dies last. However, the Council Directive 93/98/EEC from 1993, harmonizing the term of protection of copyright and certain related rights, extended the copyright duration to 70 years after the author’s death, with the rationale that the average lifespan has increased.

Similarly, in the United States, in 1998, the duration of copyright protection was extended from 50 to 70 years after the author’s death for natural persons – copyright holders. Interestingly, the “Mickey Mouse Act” from 1998, as dubbed by the public, extended the protection term from 75 to 95 years from the publication of the work for works whose copyright holder is a legal entity. This law earned its nickname due to the observed pattern of extending copyright for Disney’s works just before their expiration, first in 1976 and then in 1998. Nevertheless, the magic is no longer what it used to be, and Mickey Mouse in the land of his origin is now free.

Copyright vs Trademark

Mickey Mouse has once again prompted us to consider different forms of intellectual property protection and to recognize the distinction between certain types of protection. Copyright protects the original intellectual creation of an author, expressed in a specific form; it is temporally limited and ceases upon the expiration of the duration, after which it enters the public domain and belongs to everyone.

On the other hand, trademark is a rights that protect a sign used in trade to distinguish the goods or services of one natural or legal person from those of another with similar goods or services. This right is not limited by time and can last as long as the sign serves its primary function – distinguishing goods or services.

The copyright on the character Mickey Mouse has expired, but the character itself, as well as the name “Mickey Mouse,” is protected by a trademark for numerous types of goods and services (up to 33 classes in the Nice Classification). Specifically, this means that no one can label goods or services with a sign that is similar to Mickey’s character or name, as it would otherwise constitute a trademark infringement.

However, since the copyright has expired, it is possible, for example, to create a new original derivative work based on Mickey’s character without anyone’s permission. The application of this right led to the creation of a horror film, “Winnie the Pooh: Blood and Honey,” made using the likable Winnie the Pooh character after his character entered the public domain. Likely inspired by this idea, earlier this year, a trailer for a horror film featuring a “free” version of Mickey was released, and other digital creators have also played with the freedom available to them.

It is interesting to note that moral rights of authors are regulated differently in various countries. Unlike Serbia, where moral rights do not expire, in the United States, users of works in the public domain are not obligated to consider these moral rights.

Understanding and distinguishing between copyright protection and trademark protection is crucial to avoid misconceptions and the belief that an unlimited duration of a trademark implies a monopoly over a specific sign, further restricting its use in creative endeavors. In this context, the Supreme Court of the United States ruling in the case of Dastar Corp. v. Twentieth Century Fox Film Corp. emphasizes that a trademark should not be used to circumvent copyright, as it would “create a species of mutant copyright law that limits the public’s ‘federal right to “copy and to use”‘ expired copyrights.”

The tale of the mouse becomes not only a symbol of creative freedom, but also an incentive to reconsider how we use, understand, and protect intellectual property.