Copyright protection exist in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories (between others) pictorial, graphic, and sculptural works and motion pictures and other audiovisual works.
The length of the copyright protection varies depending on the date of first publication or creation. According to the U.S. Copyright Office, all registered works created after January 1, 1978 are protected all throughout the author’s lifetime plus an additional 70 years.
If created as a work for hire for a company or any other legal entity, the work has copyright protection that lasts for 95 years from the date it was first published or a term of 120 years from the year it was created, whichever expires first.
Mickey Mouse was created October 1, 1928 and based on current copyright laws will enter the public domain in the year 2024.
Will this mean that you could use Mickey Mouse character without paying Disney a license fee? Most likely yes, but only if you use Mickey Mouse character as it was originally created to create your own content. It will NOT allow you to use Disney movies, or any other visual content created by Disney using the iconic character since they have their own copyright protection as motion picture, and they will not expire anytime soon.
After all Winnie the Pooh and Piglet, but not Tigger yet, haven been in the public domain for some time now and content creators have been using them without having to compensate Disney.
Although, Disney will lose copyright protection over the original cartoon character, Disney will retain copyright on any subsequent variations in other films or artwork until those works also reach the 95-year mark. In addition, what will enter the public domain is the character not its name or subsequent variations of it.
Copyrights are term limited but trademarks are not. As long as Disney continue using the Mickey Mouse trademarks in commerce, whether they are characters, word marks, or slogans they will continue its protection in perpetuity. Disney has almost 50 active trademark registrations in the US for its beloved character.
Thus, if the content you create, with the original Mickey Mouse character, creates a false association in the consumer that there is a connection between your content and Disney a strong case of likelihood of confusion under trademark law can be made by Disney.
I’d like to help by advising you on how to better use public domain artwork and also how to protect your copyrights and monitor your brands for potential infringing activities, and subsequently enforce those rights.
