Will Mickey Mouse Enter the Public Domain?

Technically, the copyright status of characters is intricately linked with the works they appear in. When the earliest Mickey Mouse cartoons enter the public domain, the copyright on the other cartoons will still remain intact. This means that while some versions of Mickey Mouse can be used freely, others will still be protected by copyright. This familiar scenario for many Disney characters, many of whom are based on public domain fairy tales, highlights the complexities of copyright law.

However, an interesting aspect is that Mickey Mouse is also a registered trademark of Disney. Even if certain characters or versions of Mickey Mouse enter the public domain, the trademark will remain.

Disney's Protection through Trademarks

While SOME might argue that Mickey Mouse could enter the public domain, the reality is that Disney would lose the copyright to him only if the company ceases to exist. This is because Mickey Mouse is trademarked, and trademarks do not expire as long as they are protected. Take, for example, the Coca-Cola logo, which has remained a trademark for over a century.

The trademark of Mickey Mouse is used across various media, from comics to movies, which means that works featuring Mickey Mouse will still be under copyright protection. Therefore, even if some of the oldest Mickey Mouse-related works enter the public domain, using a trademarked character without permission would be a legal gray area. Disney’s legal department, one of the most well-resourced in the entertainment industry, would surely take action to prevent such infringements.

Historical Precedents

The issue of Mickey Mouse entering the public domain has a history. In the past, when some of the earliest Mickey Mouse comic strips entered the public domain, a publisher attempted to publish them. Despite taking all precautions, they still faced legal challenges. This was due to some of the strips having their copyrights renewed, a factor that is no longer an issue given the extension of protections until at least 2023.

Given the comprehensive legal protections provided by Disney’s Trademark and Copyright offices, it is unlikely that any unauthorized use of Mickey Mouse, trademarked or not, would go unnoticed. The next time such a situation arises, it is expected that similar legal challenges will ensue.

Conclusion

Disney has a robust legal framework to protect its intellectual properties, including Mickey Mouse. While some of the earliest works featuring Mickey Mouse may enter the public domain, the trademarked character and any associated works will still be protected under copyright law. As a result, Disney’s grip on Mickey Mouse is likely to remain unbreachable for the foreseeable future.