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Mickey Mouse is also trademarked by Disney. How would the trademark protection impact people’s use of the 1928 Steamboat Willie character (which is already in the public domain)?

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Hi all,

I have set this up in preparation for the questions being released tomorrow. Please feel free to make suggestions about the layout etc.

I am doing question 3. I have created a section under this heading where I will post the resources I find. I then have another section where I will post an outline of what I am intending to say. I thought this might be useful so we can avoid duplication.

Please feel free to post general ideas here about how we can work together etc. I thought this might be easier than email/forum - but I am open to any/all suggestions.

Lauren

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Among all the Disney Characters, including Mickey Mouse Characters, which are coming to the public domain in 2024? What can users do when these characters are in the public domain?

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Someone started to use Mickey Mouse in horror films and adult films. Is such use, as a form of parody, legal now? Do you think the original artist’s intention behind the creation of Mickey Mouse should still be respected after the character enters the public domain?

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hi guys, do you think it is necessary to introduce public domain (the definition, the importance etc.) in question 1? I think it might be a good introduction but I also worry that it is too basic to our presentation.

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Part1：

The introduction of public domain

The definition

Creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws.

the copyright has expired the copyright owner failed to follow copyright renewal rules the copyright owner deliberately places it in the public domain, known as "dedication,"

Why domain Importance：

Feeding the Creative Muse

Preserving the Past for Future Generations

Making Education More Affordable and Interactive

Relevant changes of copyright term duration in the U.S.

The Copyright Act of 1909-56 years

The Copyright Act of 1976-75years

Copyright Term Extension Act (CTEA) of 1998-95years

The role of Micky Mouse

Prof. Hansen ：more as a “trade bill” that he believes would be beneficial for the U.S. economy and create additional job positions as well as revenues.

Prof. Moglen：Disney was incredibly influential in the CTEA’s enactment.“a hired Congress to extend indefinitely the corporate control of American culture.”

Part2:

The Disney roles coming to the public domain in 2024

Disney’s remaining Oswald the Lucky Rabbit cartoons (created by Walt Disney and Ub Iwerks; Oswald was an inspiration for Mickey Mouse)

Steamboat Willie and Plane Crazy (the silent version) (directed by Walt Disney and Ub Iwerks)

A. A. Milne, illustrations by E. H. Shepard, House at Pooh Corner (introducing the Tigger character)

Part 3:

What can users do in the public domain? In the copyright area instead of the trademark area which is going to be mentioned by Lauren.

The rights that Disney no longer owns

1. Reproductive Rights

2. Derivative Rights

3. Distributive Rights

4. Performance Rights

5. Paternity Rights

For users:

anyone can copy, distribute, and publicly perform or display Steamboat Willie in part or its entirety.

Examples:《Infestation 88》<Mouse trap> <Steamboat Willie >

The salient features of Steamboat Willie:

1) Mickey is all monochrome in black and white, later on, there was a promotional poster released for the movie that colorized the character.
2) Mickey is missing the white gloves that are a must in today’s version.

3) Mickey’s eyes are effortless black dots as compared to today’s expressive pupils.

4) Mickey’s body structure itself is very different and uncomplicated than today’s detailed version.

anything you “independently create” – or come up with yourself – is legal.

New color scheme--Can Micky’s red shorts be copyrightable alone?:adding something to a prior work must be more than a “merely trivial” variation so ’choosing a single, bright, primary color for an article of clothing does not meet the copyrightability threshold. ’

can speak intelligibly

Generic character traits such as being adorable and having less jaunty dance moves

Conclusion

The public are free to copy, share and build on Micky Mouse. The use should be limited to the the original version but allows for new creation.

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Some believe that Disney was instrumental in lobbying to extend the term of copyright protection in the United States. From this case, how do you think the terms of intellectual property protection in general? Who gets to decide how long is long enough?

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Hi everyone :) I hope you're all going well. I have a favour to ask if anyone is able to help. I am enrolled in the environmental law clinic this semester and due to unforeseen circumstances my clinic day is Tuesday, commencing next week. As a result, I am unable to attend the zoom session in person. Wenting has advised that she can accept a pre-recorded presentation during the allocated time. Is anyone able to play the video for me? I am doing question 5. Thank you!

Bev

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How about the Mickey Mouse characters that were created after 1928? Do you think these later versions can be fully protected under copyright law if the original Mickey Mouse is no longer protected by copyright?

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https://www.nytimes.com/2022/12/27/business/mickey-mouse-disney-public-domain.html

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Mickey, Disney, and the Public Domain: a 95-year Love Triangle | Duke University School of Law

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by Jennifer Jenkins, Director, Duke Center for the Study of the Public Domain CC BY 4.0 On January 1, 2024, after almost a century of copyright protection, Mickey Mouse, or at least a version of Mickey Mouse, will enter the United States public domain.

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Mickey’s Copyright Adventure: Early Disney Creation Will Soon Be Public Property

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The version of the iconic character from “Steamboat Willie” will enter the public domain in 2024. But those trying to take advantage could end up in a legal mousetrap.

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Fundamentals of US Copyright to contextualise argument

what the US Constitution says about Copyright (Art 1, S 8, c 8: 'copyright clause')

what copyright allows/prohibits (which links to importance of term and why it matters for stakeholders)

Timeline of the case in relation to changes in legislation/impact on terms of protection

original 1909 Copyright Act allowed for term of 28 years, renewable for a further 28 years

introduction of Copyright Act 1976 changes terms and also has implications for scope of copyright

CTEA passed in 1998, again with implications for term of copyright of Mickey Mouse

importance of legislation to align with international community (Berne Convention)

Role of Disney

establishment of lobbying office in Washington DC

use of money and political influence to push passing of CTEA

Transparency of Disney in its influence

bipartisan nature of Disney's political influence

significance of lobbying efforts for Disney

nevertheless, Disney's role could be overstated

Who gets a say? Who should?

power imbalance and economic implications suggest that corporations such as Disney should not have as influential a role in the decision of copyright term

more people could benefit from smaller intellectual property protection terms therefore improvements should be made to copyright laws to restore balance

freedom of speech would suggest that neither corporations nor Congress should have final say

The intention of copyright should guide laws pertaining to period of protection so as to not stifle creativity and its benefit for culture

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Disney itself also “borrowed” from rich cultural traditions from the public domain for its creation. Can you give some examples of the authors or stories? Why can these Disney characters still be protected by copyright in these cases of borrowing?

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Part 1: Disney's Dual Attitude Toward the Public Domain and Its "Borrowing" from Cultural Traditions

1.1 Concept and Function of the Public Domain in Copyright Law

1.1.1 Concept

1.1.2 Function

In copyright law, the public domain plays an important role, with its main functions including:

Providing creative resources

Facilitating knowledge dissemination

Protecting public interest

Balancing the copyright system

1.2 Disney's Dual Attitude Toward the Public Domain

Disney is well known for being zealous about copyright protection and has spared no effort to protect its copyrights and delay the time when its works, like Mickey Mouse, enter the public domain. It has been joked that if you draw three circles on paper, Disney's legal department will be on their way to find you. However, Disney's attitude toward the public domain is quite complex. On one hand, Disney actively avoids the public domain and has even spent considerable funds lobbying for changes to U.S. copyright law, extending commercial copyright terms to a maximum of 95 years, leading to the so-called Mickey Mouse Protection Act. On the other hand, Disney is also a successful practitioner of the public domain, as many artistic images created by Disney are derived from images or stories in the public domain, and the existence of the public domain objectively aids in the continuation of Disney's copyrights.

1.3 Disney's "Borrowing" from Cultural Traditions in the Public Domain

1.3.1 Disney's animated film "Mulan" draws inspiration from the Chinese Northern Dynasty folk song "The Ballad of Mulan."

1.3.2 "The Swing" by Fragonard and Disney's film“Tangled”

Part 2: Elements Constituting Copyright Protection

The reason why these Disney characters can still be protected by copyright in these borrowing cases lies in the fact that the works or character images created after borrowing meet the elements constituting copyright protection.

2.1 Elements Constituting Copyright Protection

According to the Australian Copyright Act 1968 (Cth), there are four elements constituting copyright protection:

Material form

Originality

The work must belong to the types of works listed in the Act.

The work must have some connection to Australia.

According to U.S. copyright law, there are three elements:

Originality: The work must be original. As long as it is independently created by the author, it is considered original and constitutes creation.

Fixation

Domain of the work

2.2 How Disney's Creations Meet These Criteria (Using Mulan as an Example)

It can be seen that when creating this work, the author used independent and creative judgment, effort, skill, and intelligence, combined with a critical absorption of traditional Chinese culture, but did not stop at the level of ideas. The different story direction brought about by differences in concepts, the creation of Eastern female images combined with Western aesthetics, are all manifestations of specific expressions, meeting the requirement of originality.

Part 3: Dialectical Relationship Between the Public Domain and Copyright

The increasing complexity of copyright law and lobbying efforts led by Disney and others to further extend copyright terms have minimized the public domain.

However, the public domain is also a source of creativity. The full significance of copyright lies in promoting creativity, and the public domain plays a central role in this regard. Copyright grants authors important rights to encourage creation and dissemination, which is excellent. But it also ensures that these rights are limited to a "limited time," so when they expire, works enter the public domain, allowing future authors to legally build on past works. Thus, the public domain and copyright are not completely opposed; instead, they have a wonderful dialectical relationship.

First, the public domain nurtures the birth of copyrighted works. Any creative activity needs to draw on existing cultural traditions and shared knowledge heritage of humanity for creative resources.

Second, copyright also has an important function of nurturing the public domain. Although the creation of copyrighted works depends heavily on the public domain, this dependence is not absolute.

Conclusion

Therefore, as long as we define copyright within a manageable boundary and ensure that the public domain accommodates the shared values of "collective and human culture," then copyright and the public domain, through the dimension of time, can achieve a symbiotic relationship and reconciliation. Not only Disney, but all creators are able to achieve their enrichment and prosperity through this cyclical movement.

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Introduction of topic - what I will be discussing.

1.     Copyright

a. What is copyright? Defining - copyright only extends to 'original, creative, expression' whereby not every individual feature can be copyrightable.

b. What is the purpose of Copyright? The purpose of copyright is to provide legal protection for people who express original ideas.  Typically the most common forms are visual images, musical, writing. Additionally, copyright protection exists to encourage creativity and innovation by giving creators exclusive rights to their works, which can be achieved through economic incentives to have unlimited access to their creative work.  This prevents people from copying and adapting their work without the authors permission. When copyright is claimed these changes need to be more than 'merely trivial' or 'miniscule' variations. As such, it must meet the copyright threshold requirements for protect ability.

c. Duration of copyright? - A design will be copyrighted for 70  years after the author/ designers death. In the case of Steamboat Willie, they are entering the public domain 95 years after its original release.

d. The Berne Convention for the Protection of Literary & Artistic Works

- deals with the protection of works & the rights of their authors.  It provides creators the means to control who their works are used, by whom and on what terms.

e. Briefly touching on the public domain. Aforementioned, once the copyright has expired, it cannot be renewed.  However, the work will enter the public domain where it no longer requires permission from the author to use or copy.  Arguably, the purpose of work entering the public domain is to serve as the foundation for new creative works, through repurposing or reinvigoration to adapt with the times.  In essence, the public domain benefits individuals who did not create the work as they are no longer subjected to any restrictions of use

2.     What does it mean for the OG Mickey Mouse?

a.     Designed by Walt Disney & Ub Iwerks - As the OG Mickey Mouse has entered the public domain it is free for use, however this is only in the USA.  In recent years there has been a wave of classic artistic pieces and designs who have entered the public domain i.e. Winnie the Pooh, Charlie Chaplin’s work etc.

-       Provide an example of Winnie the Pooh being made into a horror film.

-       Arguably the same could happen to the OG Mickey, however Disney has a strong affiliation with this character, so individuals who do try to use it may find they do not get the credit.

-       Discuss air pirates funnies case.

3.     What does it mean for later adaptations of Mickey Mouse?

-       Disney’s evolution of the OG Mickey can be seen from its initial rat-like demeanour (outline features) however over the years Disney continuously kept adapting this famous figure.

-       As such, later adaptions of Disney’s Mickey Mouse have been copyrighted, meaning they will be protected from copyright until their copyright expires.

4.     What does this mean for Disney?

a.     Disney have added a snippet of Steamboat Willie at the beginning of their recent films as an attempt to make it a trademark (essentially a substitution for an extension of copyright.

b.     Additionally, they have incorporated the Disney Logo to have Mickey Mouse’s ears in an attempt to have it affiliated with their trademark.

In essence, whilst SW has entered the public domain for open access to be copied and used, the later versions of M.Mouse are still protected by their copyright and will be so until their copyright expires.