Most likely you will remember those first images of “Winnie the Pooh: Blood and Honey”, a horror movie starring the adorable honey-addicted teddy bear that we will see soon thanks to the fact that the character created by Alan Alexander Milne became public domain after 95 years of its creation. This is the period of protection of North American copyright law, so from now on anyone can create their own stories with Winnie the Pooh. Rhys Frake-Waterfield wasted no time. And if that already sounds like a blow to Disney, it’s nothing compared to what will happen in 2024.
Walt Disney released “Steamboat Willie” on October 1, 1928, the first official short film in which we saw Mickey Mouse. From that point on, the mouse became an animation icon and brand image for The Walt Disney Company. If the copyright law does not change in the coming months, and it does not appear that it will change, it means that in 2024 the short film, and therefore Mickey Mouse, will be in the public domain.. Winnie the Pooh is one thing, but Mickey Mouse is the symbol of one of the largest entertainment companies in the world. How will the Walt Disney Company be affected?
As UCLA associate director Daniel Mayeda points out to The Guardian, Disney actually has options to protect its character from uses that tarnish its brand image. For starters, copyright law only covers the particular version that goes into the public domain, so in this case it would be the classic black and white Mickey Mouse, not later versions. Also, since Disney used Mickey Mouse in so many different ways, it would be easy to sue someone for copyright infringement: “You can use the Mickey Mouse character as originally created to create your own Mickey Mouse stories or stories with the character. But if you do it in a way that makes you think of Disney, which is very likely because they have invested a lot of time in this character, then in theory Disney could say that their copyright has been infringed.” Mayeda explains, referring to the fact that if audiences are able to confuse a new play with Mickey Mouse as if it were Disney, the Mouse House would have the upper hand if they took it to court.
Pepperdine University intellectual property professor Victoria Schwartz noted in the Los Angeles Times that Disney may have gotten ready to cover their backs for the fateful 2024 by transforming Mickey from “Steamboat Willie” into a sort of current company logo., specifically from the animation studio Walt Disney Animation Studios, using part of the short film in the introduction of the films. It won’t stop the character from entering the public domain, but it would make it easier for them to defend that Mickey Mouse inevitably reminds us of today’s Disney and not just 1928.
Republicans vs. Disney
Over the course of its nearly century-long history, The Walt Disney Company has managed to extend copyright law protection in the United States twice, the last extension in 1998. But one important thing has changed in the past few months and is that the Disney went to war against Republican politicians who swore to society that they froze donations to politicians following Florida’s controversial Don’t Say Gay Act, which prevents state schools and institutions from educating or even mentioning the sexual and gender diversity. vSeveral Republican politicians have warned they will vote against Disney if it intends to bring a new copyright law extension to Congress in retaliation for “imposing a progressive ideology”.
However, at Disney they shouldn’t be too worried because, in addition to the fact that it’s extremely difficult for someone to do something with Mickey that doesn’t end up reminding the company, the character is strictly protected by trademark law, which also doesn’t have a date. deadline. Mickey Mouse is a registered trademark of The Walt Disney Company, so no company can release any products with the mouse, regardless of public domain.. “If you put a picture of Mickey Mouse on a towel or stuffed animal, even if the copyright has expired, if people think the product is from Disney you can get in trouble,” says law professor Robert Merges. Using “Steamboat Willie” as a logo would make it a protected trademark, further protecting the 1928 version from being used for profit outside Disney. This protection would also cover small details that would be exclusive to House of Mouse versions of the characters, such as the red Winnie the Pooh shirt, which could not be used on the character outside of Disney.
We will see in a couple of years what happens to Mickey Mouse once it becomes public. Next year the company will celebrate its 100th anniversary, but the celebration will begin in September at D23 Expo, House of Mouse’s Comic-Con. Winnie the Pooh and Mickey Mouse will be just the beginning. If copyright law remains as it is, Superman and Batman would be in the public domain between 2033 and 2034, Bugs Bunny in 2035 and Captain America in 2036..
Source: E Cartelera
