Mickey Mouse could exit Disney as 95-year copyright expiry date hovers

Disney could soon lose the exclusive rights to some of its most famous characters, including Mickey Mouse.

Mickey Mouse will enter the public domain in the year 2024, almost 95 years after his creation on 1 October 1928 – the length of time after which the copyright on an anonymous or pseudo-anonymous body of artistic work expires under US copyright law.

The mouse that now acts as the entertainment giant’s mascot first appeared in the black-and-white cartoon Steamboat Willie.

The cartoon was a pioneer in animation for its use of synchronised sound – where movements on screen correspond to the music and sound effects, launching one of the most recognisable images in film and television.

According to the National Museum of American History: “Over the years, Mickey Mouse has gone through several transformations to his physical appearance and personality. In his early years, the impish and mischievous Mickey looked more rat-like, with a long pointy nose, black eyes, a smallish body with spindly legs and a long tail.”

While this first rat-like iteration of Mickey will be stripped of its copyright, Disney retains its copyright on any subsequent variations in other films or artwork until they reach the 95-year mark.

Daniel Mayeda is the associate director of the Documentary Film Legal Clinic at UCLA School of Law, as well as a longtime media and entertainment lawyer. He said the copyright expiration does not come without limitations.

“You can use the Mickey Mouse character as it was originally created to create your own Mickey Mouse stories or stories with this character.

But if you do so in a way that people will think of Disney – which is kind of likely because they have been investing in this character for so long – then in theory, Disney could say you violated my copyright.”

Other characters have already moved into the public domain: with unpredictable and somewhat shocking results.

Honey-loving bear Winnie-thePooh from the Hundred Acre Wood and most of his animal friends entered public domain in January this year and some have wasted no time in capitalising on the beloved characters.

A Mint Mobile advert in the US features a character called ‘Winniethe-Screwed,’ a bear with a costly phone bill.

More disturbingly, Pooh and his good friend Piglet are now the stars of Winnie-the-Pooh: Blood and Honey, a soon-to-be released horror film, written and directed by Rhys Waterfield, that sees the two go on a bloody rampage of killing after being abandoned by their old friend, Christopher Robin.

Mayeda said it’s important for artists like Waterfield not to cross the line when it comes to creating new works based on the old characters. Certain aspects of a character that the general public recognises as part of the Disney brand are off-limits for artists who wish to make use of the copyright expirations.

If a particular work confuses the public into thinking it is actually affiliated with Disney, there could be major legal consequences.

“Copyrights are time-limited,” Mayeda said. “Trademarks are not. So Disney could have a trademark essentially in perpetuity, as long as they keep using various things as they’re trademarked, whether they’re words, phrases, characters or whatever.”

Disney may still maintain trademarks on certain catchphrases or signature outfits worn by the characters, such as Pooh’s red shirt, which Waterfield intentionally avoided using in his movie.

Disney also retains exclusive rights to the bouncing tiger, Tigger, for not much longer since his first appearance was in 1928 in The House at Pooh Corner, the series of stories written by Winnie-the-Pooh creator AA Milne.