The Copyright Countdown on Steamboat Willie
It’s hard to believe that what once lived at the Laugh-O-Gram studio at the corner of Forest Avenue and 31st Street in Kansas City, Missouri has become a symbol of ingenuity and creativity around the globe for nearly a century. Since the early 1920s, Mickey Mouse has been the grinning emblem of Disney’s empire, protected by a copyright as ironclad as his yellow shoes. But the copyright countdown is ticking away on its exclusivity, and on January 1st, 2024, the original “Steamboat Willie” Mickey will sail into the uncharted waters of the public domain.
As copyright lawyers, we at Intellectual Property Center are fascinated by this unexplored territory. For creators, artists, and entrepreneurs, it’s a potential gold rush for the creation of “Steamboat Willie” merchandise and mashups. But for Disney, what do these unchartered waters mean? Is this a sign that Disney’s foundational pillars are falling; is it a retreat on creative content; or will this be something else.
The falling of Steamboat Willie into the public domain is actually one of the desired goals of U.S. copyright law. Generally, intellectual property laws are designed to strike a balance between individual creativity and social progress. Intellectual property laws are designed to provide limited protection for creative works in exchange for societal progress; through the donation to the public domain in which the creative work is available for everyone to use for free.
The Timeline of Steamboat Willie:
- In 1928, the original “Steamboat Willie” was published. Based on U.S. Copyright Laws at the time, the term of protection for works published with a copyright notice was 28 years with the possiblity of an extension.
- In 1976, the copyright term was extended to 75 years for works created and first published after 1928.
- In 1998, the copyright term was again extended to 95 years for works created and first published after 1928.
- Now 95 years later, the copyright countdown is ending protection on “Steamboat Willie” which was created in 1928 is ending and it will sail off into the sunset of the public domain.
Steamboat Willie’s Entry into the Public Domain
The term “public domain” covers those works which are no longer protected by intellectual property laws such as copyright, trademark, or patent laws. When something falls into the public domain, no individual owns these works; instead, they are “owned” by the public. Anyone can use a public domain work without obtaining permission and without citing the original author.
Typically a work falls into the public domain when:
- The copyright has expired and no other form of intellectual property protection applies;
- The copyright owner deliberately dedicated the work into the public domain; or
- The work was never protectable as a copyright work (and no other form of intellectual property protection covers the work).
Entering the public domain means anyone can freely use the work. In this case, when the original Steamboat Willie falls into the public domain, anyone can use the specific work. This however doesn’t mean that there will be widespread Mickey pandemonium.
Trademark Law to the rescue?
Copyright law provides protection for each different tangible creative expression. However, this does not mean Mickey Mouse is no longer protected. This means that different versions of Mickey may still be entititled to their own copyright protection. Each later independently creative iteration of Mickey has the full scope of copyright protection available until the expiration of Copyright’s 95 year term. For example, Disney still has copyright protection on later Mickeys such as the later, talking Mickey, sorcerer Mickey, or the CGI marvel of “Space Jam.” These evolved creative expressions are protected by separate copyrights and another form of intellectual property protection, trademarks.
- Trademark law, the intellectual property law covering brands and logos may provide unending protection to Steamboat Willie, as a brand.
- As stated by the United States District Court for the Southern District of New York in Frederick Warne & Co. v. Book Sales, Inc. – “the fact that a copyrightable character or design has fallen into the public domain should not preclude protection under the trademark laws so long as it is shown to have acquired independent trademark significance, identifying in some way the source or sponsorship of the goods.”
- While there is a legal distinction between trademark law and copyright law, trademark law protection continues as long as a mark is continuously used in commerce and functions as a brand.
- Typically, trademark law does not extend to videos but it may certainly exented to characters and other source identifiers. So, calling your Mickey-inspired burger joint “McMouse” is probably not the wisest move.
The Balance in U.S Copyright Law
Steamboat Willie has defined a generation of creativity from the Walt Disney. What started in a quiet two story building in Kansas City, Missouri evolved to an international phenomena which expanded around the world for generations. Steamboat Willie is a great teaching opportunity that in the US, intellectual property laws are designed to promote the evolution of creativity by striking a careful balance between the benefit to both artists and society, to companies and consumers.
The evolution of Steamboat Willie into the public domain will encourage new creativity and that the baton of creativity will pass to a new generation of creators. What will be the next Steamboat Willie? What will define the next generations of consumers and creators around the world?
As the clock strike’s midnight on Steamboat Willie’s copyright protection, we look forward with anticipation to the creation of the next Steamboat Willie. We look forward to seeing what new creativity comes before us and defines the next generations. If you have questions about copyright law, trademark law or other intellectual property questions, please contact us.