Exciting news for animation enthusiasts! The legendary 1928 short cartoon, Steamboat Willie, is finally entering the public domain on January 1st, 2024. For those who don't know, this is the iconic work that introduced the world to the beloved character, Mickey Mouse.
This means that the 1928 short cartoon that introduced Mickey Mouse to the world can soon be shown without the permission of Disney. Further to this, as copyright law protects the expression of an idea, not the idea itself, anyone will be able to make use of the film and the original ‘Mickey’ to create new expressions of the work. However, you could still land yourself in hot water if you created a cartoon of a singing mouse driving a down the river. But why? Because Mickey Mouse is still a protected Trade Mark.
Copyright law gives the owner the ability to control copies of the work, adaptations or even the right to make the work available online. However, Copyright expires after a limited period of time (in Australia, 70 years after the death of the creator). We have seen this with Winnie the Pooh and Sherlock Holmes, two beloved characters who have also fallen into the public domain. And so far, we have seen quite a few iterations of the Master of Deduction over the years for our entertainment and one bloody Winnie-the-Pooh film.
In contrast to this, trade mark protection will essentially, last for ever. Disney currently has registered many different versions of the Mickey Mouse Mark with the U.S. Patent and Trademark Office (USPTO), so as long as Disney continues to use them, they will have indefinite trademark protection. And you’ll find it difficult to think about anything other than Disney when you hear the name “Mickey” or see an image of a mouse with round ears.
So the main differences boil down to this. Copyright protects works of expression and has a time limit, and trade marks protect your brand forever.
With this in mind, we can see why Disney might not be too concerned with losing the copyright to the original film. This is evident as Disney has already made the film available for free. Disney still has and will likely always have the Mickey Mouse Trademark, as such, while you are able to use the original expression, there would likely still be strong protection over the brand and any use perceived as not coming from Disney would risk trademark infringement. Nevertheless, the entry of Steamboat Willie into the public domain is a momentous occasion for animation lovers worldwide.
In Australia, when you register a trademark, the protection lasts for an initial period of 10 years. Trade mark registration can continue indefinitely if a renewal fee is paid every ten years. If you do not renew your trade mark every 10 years, your registration will be cancelled and cannot be recovered without filing a new application.
Please follow this link for more information on how to ensure trademark protection for your business.
https://www.ippartnership.com.au/blog/ensure-trade-mark-protection-for-your-newly-launched-business-or-product
If you require assistance with registering a trade mark or require any advice pertaining to copyright (including avoiding infringement), contact one of our expert intellectual property lawyers today.
Image Disney ©
