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Mickey Mouse 91Ƶ with conditions 91Ƶ becomes free for you to use in the New Year

Disney icon set to legally become a public domain figure when it turns 95
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FILE - Walt Disney, creator of Mickey Mouse, poses for a photo at the Pancoast Hotel, Aug. 13, 1941, in Miami, Fla. The earliest version of Disney91Ƶs most famous character, Mickey Mouse, and arguably the most iconic character in American pop culture, will become public domain on Jan. 1, 2024. (AP Photo, File)

M-I-C-K-E-Y will soon belong to you and me.

With several asterisks, qualification and caveats, Mickey Mouse in his earliest form will be the leader of the band of characters, and books that will become public domain as the year turns to 2024.

In a moment many close observers thought might never come, at least one version of the quintessential piece of intellectual property and perhaps the most iconic character in American pop culture will be free from Disney91Ƶs copyright as his first screen release, the 1928 short ,91Ƶ featuring both Mickey and Minnie Mouse, becomes available for public use.

91ƵThis is it. This is Mickey Mouse. This is exciting because it91Ƶs kind of symbolic,91Ƶ said Jennifer Jenkins, a professor of law and who writes 91ƵI kind of feel like the pipe on the steamboat, like expelling smoke. It91Ƶs so exciting.91Ƶ

U.S. law allows a copyright to be held for 95 years after Congress expanded it several times during Mickey91Ƶs life.

91ƵIt91Ƶs sometimes derisively referred to as the Mickey Mouse Protection Act,91Ƶ Jenkins said. 91ƵThat91Ƶs oversimplified because it wasn91Ƶt just Disney that was pushing for term extension. It was a whole group of copyright holders whose works were set to go into the public domain soon, who benefited greatly from the 20 years of extra protection.91Ƶ

91ƵEver since Mickey Mouse91Ƶs first appearance in the 1928 short film Steamboat Willie, people have associated the character with Disney91Ƶs stories, experiences, and authentic products,91Ƶ a Disney spokesperson said in a statement to The Associated Press. 91ƵThat will not change when the copyright in the Steamboat Willie film expires.91Ƶ

Current artists and creators will be able to make use of Mickey, but with major limits. It is only the more mischievous, rat-like, non-speaking boat captain in 91ƵSteamboat Willie91Ƶ that has become public.

91ƵMore modern versions of Mickey will remain unaffected by the expiration of the Steamboat Willie copyright, and Mickey will continue to play a leading role as a global ambassador for the Walt Disney Company in our storytelling, theme park attractions, and merchandise,91Ƶ Disney91Ƶs statement said.

Not every feature or personality trait a character displays is necessarily copyrightable, however, and courts could be busy in the coming years determining what91Ƶs inside and outside Disney91Ƶs ownership.

91ƵWe will, of course, continue to protect our rights in the more modern versions of Mickey Mouse and other works that remain subject to copyright,91Ƶ the company said.

Disney still solidly and separately holds a trademark on Mickey as a corporate mascot and brand identifier, and the law forbids using the character deceptively to fool consumers into thinking a product is from the original creator. Anyone starting a film company or a theme park will not be free to make mouse ears their logo.

Disney91Ƶs statement said it 91Ƶwill work to safeguard against consumer confusion caused by unauthorized uses of Mickey and our other iconic characters.91Ƶ

91ƵSteamboat Willie,91Ƶ directed by Walt Disney and his partner Ub Iwerks and among the first cartoons to have sound synced with its visuals, was actually the third cartoon featuring Mickey and Minnie the men made, but the first to be released. It features a more menacing Mickey captaining a boat and making musical instruments out of other animals.

In it, and in a clip from it used in the introduction to Disney animated films in recent years, Mickey whistles the 1910 tune 91ƵSteamboat Bill.91Ƶ The song inspired the title of the Buster Keaton film 91ƵSteamboat Bill Jr,91Ƶ released just a few months before 91ƵSteamboat Willie,91Ƶ which in turn may have inspired the title of the Disney short. The copyright wasn91Ƶt renewed on the Keaton film and it91Ƶs been in the public domain since 1956.

Another famous animal sidekick, Tigger, will join his friend Winnie the Pooh in the public domain as the book in which the bouncing tiger first appeared, 91ƵThe House at Pooh Corner,91Ƶ turns 96. Pooh, probably the most celebrated prior character to become public property, took on that status two years ago when A.A. Milne91Ƶs original 91ƵWinnie the Pooh91Ƶ entered the public domain, resulting in some truly novel uses, including this year91Ƶs horror film

Young Mickey could get the same treatment.

91ƵNow, the audience is going to set the terms,91Ƶ said Cory Doctorow, an author and activist who advocates for broader public ownership of works.

Jan. 1, 2024, has long been circled on the calendars of public domain watchers, but some say it serves to show how overlong it takes for U.S. works to go public, and many properties with less pedigree than Winnie or Minnie can disappear or be forgotten with their copyrights murky.

91ƵThe fact that there are works that are still recognizable and enduring after 95 years is is frankly remarkable,91Ƶ Doctorow said. 91ƵAnd it makes you think about the stuff that we must have lost, that would still have currency.91Ƶ

Other properties entering the U.S. public domain are Charlie Chaplin91Ƶs film 91ƵCircus,91Ƶ Virginia Woolf91Ƶs novel 91ƵOrlando91Ƶ and Eugene O91ƵNeill91Ƶs play 91ƵLong Day91Ƶs Journey into Night.91Ƶ

The current copyright term passed in 1998 brought the U.S. into closer sync with the European Union, making it unlikely Congress would extend it now. There are also now powerful companies, including Amazon with its fan-fiction-heavy publishing arm and Google with its books project, that in some cases advocate for the public domain.

91ƵThere91Ƶs actually more pushback now than there was 20 some years ago when the Mickey Mouse act was passed,91Ƶ said Paul Heald, a professor at the University of Illinois College of Law who specializes in copyright and international intellectual property law.

In some instances, the U.S. goes well beyond Europe, and maintains copyright on work that is already public in its country of origin, though international agreements would allow the U.S. to adopt the shorter term of other nations on work produced there.

The books of George Orwell for example, including 194791Ƶs 91ƵAnimal Farm91Ƶ and 194991Ƶs 91Ƶ1984,91Ƶ are now public domain in his native Great Britain.

91ƵThose works aren91Ƶt going to fall into the public domain in the United States for 25 years,91Ƶ Heald said. 91ƵIt would be literally costless for Congress to pass a law saying, 91Ƶwe now adopt the rule of the shorter term,91Ƶ which would throw a butt ton of works into the public domain over here.91Ƶ

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