Mickey Mouse and the Public Domain – Copyright is Not Boring: Part 2
First off, I just want to say that I am one of the biggest Disney fans out there. My favorite movies growing up were The Little Mermaid, Aladdin, and The Lion King. A few months ago I got to visit the Walt Disney Family Museum in San Francisco, which I was super excited about! (see pictures below) This post is in no way trying to badmouth Disney or the big Mouse himself. However, I found the Mickey Mouse and public domain connection very interesting, and thought it would be perfect as a “part 2” in my “Copyright is Not Boring” series!
To get started, let’s talk about the Public Domain. The “Public Domain” refers to creative works that are not protected by copyright, trademark, or patent laws. No one owns the content, therefore it is free to use and modify by anyone. Some works are automatically in the public domain after creation, such as government documents or factual data. Some works go into the public domain after copyright expires, or if the copyright owner deliberately gives up their rights to the work.
In the United States, all works that were published before 1923 are now in the public domain. Copyright for a created work generally expires 70 years after the creator’s death. The rules have changed drastically over time however. Did you know copyright used to only last for 14 years before going into the public domain?
Some would argue that Disney has been one of the biggest players in successfully getting extensions on copyright laws, and I have to say, they are pretty convincing arguments. Take a look at the article, “How Mickey Mouse Keeps Changing Copyright Law” written in 2014 by Steve Schlackman. He details the history of the creation of copyright laws and the creation of Mickey Mouse, and how their paths have intertwined over time.
According to the article, Mickey Mouse should go into the public domain after 2023. So we only have to wait a few years to see if copyright laws continue to get extended, or if Mickey Mouse will be freely available to the public. My vote is for the public domain, how about you?
