Early Version of Mickey Mouse Enters Public Domain as Copyright Expires

As of January 1, 2024, a historic moment has unfolded in the world of entertainment, as an early version of Mickey Mouse, featured in Walt Disney’s 1928 short film “Steamboat Willie,” has entered the public domain.

This marks the end of the Walt Disney Company’s exclusive copyright claim on the beloved character, a staple of American pop culture for almost a century.

While the expiration of the Steamboat Willie copyright may signal a new era for Mickey, there are important nuances to consider. A Disney spokesperson clarified to CNN that more modern iterations of Mickey Mouse, featuring trademark elements like gloves and oversized shoes, remain unaffected. The contemporary Mickey will continue to play a central role as a global ambassador for the Walt Disney Company in various mediums, including storytelling, theme park attractions, and merchandise.

Differences between the 1928 Steamboat Willie Mickey and the present-day mascot include variations in appearance, such as the absence of gloves and oversized shoes in the earlier version. Harvard Law School professor Rebecca Tushnet emphasized that although the public domain opens possibilities for reimagining Steamboat Willie, reproducing elements of the contemporary Mickey Mouse would infringe on Disney’s existing trademarks.

Tushnet pointed out that creators seeking protection against copyright infringement claims must create new content inspired by Steamboat Willie rather than replicating the modern Mickey. While the public domain offers opportunities for artistic reinterpretations, Tushnet predicted potential legal challenges, especially for smaller creators on platforms like Etsy.

The Disney spokesperson affirmed the company’s commitment to protecting its rights in more recent versions of Mickey Mouse and other copyrighted works, intending to prevent consumer confusion resulting from unauthorized uses of iconic characters.

Exceptions to Disney’s stringent control over its mascot exist, allowing the display of even the contemporary Mickey Mouse for educational purposes, satire, or parody. The shift in copyright status echoes a broader trend, as other classic characters, such as A.A. Milne’s Winnie the Pooh, entered the public domain in 2022, opening the door for diverse interpretations, including unconventional genres like the 2023 horror film, “Winnie the Pooh: Blood and Honey.” Tushnet suggested a similar fate might await the early version of Mickey Mouse.