Copyright and its public domain: The case of Mickey Mouse
Copyright and its public domain: The case of Mickey Mouse
Recently we’ve heard that Mickey Mouse is in the public domain, and anyone can use it without restriction. However, is this true? Is the use of Mickey Mouse unrestricted? Are there still limitations on its use?
These are some of the questions that we are trying to answer.
Steamboat Willie managed to obtain this protection period, given to the variety of extensions to copyright protection that were made under the United States Copyright Act. One of the latest extensions was The Sonny Bono Copyright Term Extension Act (CTEA) of 1998, which was popularly called “The Mickey Mouse Protection Act”. Through this act, it was established that the duration of protection for works covered by copyright before January 1, 1978, would have a protection of 95 years from their publication. This way, the protection of Steamboat Willie came to an end on January 1, 2024.
While it is the work that enters the public domain, it is important to take in consideration that its elements, such as characters, music, and every other feature contemplated in copyright, also enter the public domain, as stated in the interpretations of the courts in the United States (as established in the case of Klinger v. Conan Doyle, Ltd., which addressed the usage of the characters Sherlock Holmes).
According to the Costa Rican legislation, specifically Law. No 6683: Copyright and Related Rights Law, and Panamanian Law No. 64: On Copyright and Related Rights; the duration of copyright for literary and artistic works lasts throughout the author’s lifetime and up to 70 years after their death. After 70 have elapsed, the works enter the public domain and none of the heirs can make any claims.
Both in Costa Rica and Panama, as well as other Latin America jurisdictions, when a work first enters the public domain, it becomes “liberated” from any restrictions due to copyright and can be used by the public without the need to get permissions nor to pay royalties to the authors or the right holders. This way, the works in the public domain can be used, copied, distributed, and modified freely without transgressing copyright.
Trademarks protect both products and services in order to differentiate them from others in the market. In this regard, protection only covers the products and services that have been requested or related ones that could potentially lead the consuming public to error, confusion, or a risk of association.
In this sense, the designs, drawings, colors, and shapes of the different Mickey Mouse have been protected as trademarks in a variety of classes and countries, including the naming “Mickey Mouse”. This is precisely an effort to protect the Disney’s Intellectual Property in anticipation of the character’s imminent entry into the public domain.
It is important to highlight that only the work “Steamboat Willie” and its components, like characters, choreographies, script, amongst others, entered the public domain. In this regard, later versions of Mickey Mouse, other works that are related to it, such as films, cartoons, books, among others, have not become part of the public domain. Also, trademarks that have been registered for names, drawings, or designs that are related to the character have not entered the public domain since these rights are based on continuous use, registration, and maintenance. This way, there is no public domain in trademark law.
In conclusion, disregarding the jurisdiction or country of application, registration, and protection of intellectual property rights, whether in the form of trademarks, copyrights, or both, it is a crucial factor for the business. This is done to maintain valid their most crucial assets.
No matter how well-established the international commercial position is, it is pointless without proper protection of copyright and trademarks. Without the Mickey Mouse brand and the preservation of other designs, drawings, and logos associated with Mickey Mouse, where would Disney be today? This question must be considered and answered by all companies who seek to assess the proper protection of their most important assets, those of intellectual property.
These are some of the questions that we are trying to answer.
What is going on with Mickey Mouse?
In the United States of America, on the first of January each year, the works that have reached the expiration of their protection term, as established by law, enter the public domain, which is the reason why this day has been designated as the World Public Domain Day. In 2024, after a long journey, Mickey Mouse enters the public domain, which allows any person who wants to use, modify, or alter the work without seeking authorization from the rights holder. However, not every design, character, or rights over Mickey Mouse enter the public domain.Mickey Mouse and its path to the public domain
Mickey Mouse first appeared on the work “Steamboat Willie”, a short film with synchronized jazz that was released and registered in 1928, which in 2023 celebrated 95 years of protection, established by the United States’ regulations as the maximum period of protection of copyright, that is, after the indicated period, the works will enter the public domain.Steamboat Willie managed to obtain this protection period, given to the variety of extensions to copyright protection that were made under the United States Copyright Act. One of the latest extensions was The Sonny Bono Copyright Term Extension Act (CTEA) of 1998, which was popularly called “The Mickey Mouse Protection Act”. Through this act, it was established that the duration of protection for works covered by copyright before January 1, 1978, would have a protection of 95 years from their publication. This way, the protection of Steamboat Willie came to an end on January 1, 2024.
While it is the work that enters the public domain, it is important to take in consideration that its elements, such as characters, music, and every other feature contemplated in copyright, also enter the public domain, as stated in the interpretations of the courts in the United States (as established in the case of Klinger v. Conan Doyle, Ltd., which addressed the usage of the characters Sherlock Holmes).
How does the Public Domain work in Panama and Costa Rica?
The concept of public domain for copyright in Latin America works in a different way from the explanation given previously. In Latin America, specifically in Costa Rica and Panama, copyright laws have a limited duration, and once this period has elapsed, the work enters the public domain.According to the Costa Rican legislation, specifically Law. No 6683: Copyright and Related Rights Law, and Panamanian Law No. 64: On Copyright and Related Rights; the duration of copyright for literary and artistic works lasts throughout the author’s lifetime and up to 70 years after their death. After 70 have elapsed, the works enter the public domain and none of the heirs can make any claims.
Both in Costa Rica and Panama, as well as other Latin America jurisdictions, when a work first enters the public domain, it becomes “liberated” from any restrictions due to copyright and can be used by the public without the need to get permissions nor to pay royalties to the authors or the right holders. This way, the works in the public domain can be used, copied, distributed, and modified freely without transgressing copyright.
Copyright and Trademarks, and the application in the case of Mickey Mouse
It is important to take in consideration that, even though the work is in public domain, one of the usual strategies in Intellectual Property is to ensure the protection of an intangible asset through the multiplicity of rights. In other words, to protect the crucial elements through different systems of protection, such as trademarks.Trademarks protect both products and services in order to differentiate them from others in the market. In this regard, protection only covers the products and services that have been requested or related ones that could potentially lead the consuming public to error, confusion, or a risk of association.
In this sense, the designs, drawings, colors, and shapes of the different Mickey Mouse have been protected as trademarks in a variety of classes and countries, including the naming “Mickey Mouse”. This is precisely an effort to protect the Disney’s Intellectual Property in anticipation of the character’s imminent entry into the public domain.
It is important to highlight that only the work “Steamboat Willie” and its components, like characters, choreographies, script, amongst others, entered the public domain. In this regard, later versions of Mickey Mouse, other works that are related to it, such as films, cartoons, books, among others, have not become part of the public domain. Also, trademarks that have been registered for names, drawings, or designs that are related to the character have not entered the public domain since these rights are based on continuous use, registration, and maintenance. This way, there is no public domain in trademark law.
In conclusion, disregarding the jurisdiction or country of application, registration, and protection of intellectual property rights, whether in the form of trademarks, copyrights, or both, it is a crucial factor for the business. This is done to maintain valid their most crucial assets.
No matter how well-established the international commercial position is, it is pointless without proper protection of copyright and trademarks. Without the Mickey Mouse brand and the preservation of other designs, drawings, and logos associated with Mickey Mouse, where would Disney be today? This question must be considered and answered by all companies who seek to assess the proper protection of their most important assets, those of intellectual property.
Written by:
Gabriela Miranda | Parter in Legal – Intellectual Property, BDO Costa Rica
Nicole Pérez | Senior Associate | BDO Panama