Disney To Loose Exclusive Rights To Mickey Mouse.

Disney could soon lose exclusive rights to long-time mascot Mickey Mouse and many more of its beloved characters.

Since his creation in 1928, mickey has become a known face of the troubled multi-billion dollar brand. But in 2024 – 95 years after his debut – the unassuming mouse will enter the public domain.

Under us copyright law, an ‘anonymous or pseudo-anonymous body of artistic work’ is only protected for 95 years, after which time it can be used freely.

But aspiring creatives looking to use the image are advised to beware as there could be serious legal caveats to using the cartoon. Mickey debuted in the black and white film ‘steamboat Willie’ in 1928.

Over the ensuing nine decades, his appearance changed: the first mickey had black eyes, small ears, and a pointy nose. He didn’t adopt his now-iconic red shorts until 1935.

It is only the early version of mickey that is entering the public domain. Later iterations of mickey are still under Disney copyright. They will enter the public domain at different points in the coming decades.

Disney holds Mickey Mouse trademarks for a variety of commercial uses. And while copyright is time-limited, trademarks are not.

“In the case of Mickey Mouse, for example, not only the name but also several drawings are registered trademarks,” writes Martin Senftleben in his 2020 book ‘The Copyright/Trademark Interface’.

“The combination of copyright and trademark claims has become a standard protection strategy in the field of contemporary cultural symbols,” Senftleben adds, “the coexisting trademark protection will be felt, however, once copyright expires.”

So, if it can be argued that a viewer would associate a new creation with the Disney brand, the company could theoretically sue.

Given the strength of the association between Mickey Mouse and Disney and given Disney’s reputation for being ruthless about protecting its intellectual property, many creators will be rightly hesitant to use Mickey’s image any time soon