In recent days, news has emerged that, as of January 1, 2024, the smiling Mickey Mouse has entered the public domain. This character is known for being the first Mickey to appear on the small screen in the 1928 short film Steamboat Willie:
This is significant news considering the economic value that this character represents for Disney. However, for lawyers passionate about this subject, this news did not come as a surprise, as the protection period for this character was extended for much more than 50 years. Now, we can only wait to see the implications that this could bring for both its owner and the rest of the world that may think of benefiting from the “free” use of this iconic character.
Indeed, the character has lost copyright protection, so what does it mean for Disney to lose this magical character under that right? Is it a catastrophe? Do they have other alternatives, and if so, can this Mickey Mouse be used freely?
For any company, losing a right is difficult, but for Disney, losing this Mickey is heartbreaking considering that it is a character that symbolizes, among other things, the beginning of the magical world of this great company. However, it not only means a lot to them but also to all of us who want a piece of that magic and want to receive it from Disney. Personally, I have a black and white plush of this Mickey, and I have not dared to pass it on to my children. So, it undoubtedly represents the relinquishment of a right over such a character, but perhaps it is not as catastrophic as we think.
Intellectual property grants the right to protect literary, cinematographic, and musical works, as well as trademarks, slogans, inventions, designs, drawings, software, and many others. This protection is granted in various forms, either through industrial property (trademarks, trade names, advertising expressions, invention patents, industrial designs, etc.) or through Copyright (in the U.S.).
