January 1, 2024
After 95 years – as of today – one of Disney’s most precious assets – Mickey Mouse — enters the public domain and we all can use it. But there’s a few big exceptions.
So don’t just go putting it on a t-shirt and selling it just yet.
First – you have to understand it’s not this mickey mouse I’m talking about. It’s this Mickey Mouse specifically. The Steamboat Willie version of the iconic cartoon character that Walt Disney himself introduced to the world in 1928. And the 1928 Minnie Mouse version too.
In the United States we have copyright laws that protect assets belonging to inventors, artists and companies so others can’t profit off their work. But after 95 years– in this country – that protection expires and the asset enters what’s call the public domain. Meaning anyone can use it, copy it, share it, build on it and profit off it – with several exceptions.
Now – it’s also important to know those copyright protections have been changed over Mickey’s lifetime. In fact – originally a copyright would only last for the life of the author plus 50 years or 75 years from publication or 100 years after creation whichever was shorter. But in 1998 Disney successfully lobbied congress and they extend to 95 years from publication or 120 years after creation, whichever is earlier. The unofficial name of this law is the Mickey Mouse Protection Act.
And since the law hasn’t been extended again – as of January 1 2024 Steamboat Willie Mickey Mouse is no longer copyright protected. But as I said at the beginning – that doesn’t mean you can necessarily slap the image on a t-shirt and sell it.
There are two major rules that do apply – even to this steamboat willie image of mickey mouse.
One – you cannot use him in a way that misleads consumers into thinking your work is produced by or sponsored by Disney. That means if you say produce Mickey ears and you put Steamboat Willie’s picture on them and sell them – you may get a cease and desist from Disney – because they too sell these types of ears and your version – even though you’re using steamboat willie may confuse consumers. You also – by the way – cannot use the words Mickey Mouse on any work you produce using the Steamboat Willie version either.
And two – you obviously cannot use the newer version of Mickey because that one is obviously still protected under copyright law.
Also – just a little word to wise – Disney is very protective of its image, its characters and its merch. So if you are going to use the steamboat willie version of mickey to make some money – just make sure you have all your i’s dotted and t’s crossed because Disney has a very large legal team.
