From Steamboat Willie’s to Mickey's Mouse Trap: A Surprising Spin on The Classic Tale
By Yogita Bharti , 18th February, 2024.
On November 18, 1928, was born one of our cherished childhood pals “Mickey Mouse”. The Movie Steamboat Willie, an American animated short film directed by Walt Disney and Ub Iwerks gave birth to this most iconic rodent character of Disney. However, in accordance with the US Copyright laws, the copyright of the creators of the Mickey Mouse fell in public domain in January, 2024. Nearly 95 years later, Mickey Mouse is now a matter of public domain after Disney’s copyright in it ended.
However, it does not apply to every version of Mickey Mouse and rather is applicable to only Steamboat Willie’s version of Mickey Mouse. The use is not exclusive and involves certain restrictions with respect to the rights of re-creation. The limitation is such that anyone who uses the said version of the Mickey Mouse shall use so, in such a way which does not trick the audience into assuming that such new version belongs to Disney. It should not mislead the viewers into thinking that Disney has produced or sponsored the recreated version of the Mickey. The re-used version must incorporate some distinctive elements either by way of presentation, or by way of some modifications to the real character. The ultimate goal is that the viewers must not confuse the new mickey with the old one.
Promptly acting upon the news, Jamie Bailey started working on his movie “Mickey’s Mouse Trap” which portrays, the so far cute and gentle Mickey in a horror avatar. There is also another untitled project directed by Steven Lamorte whose production would begin in 2024. These films are not first of their kind that used re -created versions of our favorite characters. There are some pre-existing works such as- “Enola Holmes” which used the famous character of Sherlock Holmes and “Blood and Honey (Winnie the Pooh” which used the character of Winnie the Pooh that have already entered the public domain and re-created by the directors. Apart from that, J. M. Barrie’s play “Peter Pan,” Agatha Christie’s novel “The Mystery of the Blue Train” featuring Hercule Poirot, and Charlie Chaplin’s silent film “The Circus” are also among the notable works that have entered the public domain.
DURATION OF U.S. COPYRIGHT: HISTORY AND PRESENT
As per the World Intellectual Property Organization (WIPO), “Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.”
Copyright law strives to find a middle ground between protecting the rights of content creators and ensuring the general public can access content as widely as possible. The creators of the US Constitution viewed copyright law as a means to advance the development of knowledge and science. They also ensured that this protection was temporary, aiming to encourage the generation of new creative works. Since the initial US copyright law in 1790, there have been several alterations to copyright terms and regulations over time.
Earlier, the US copyright laws allowed owners to protect their rights for only two terms: the initial term and the renewal term. This protection was subject to certain conditions that included registering the work with the copyright office and publishing it with a proper copyright notice. However, the present copyright legislation does not require mandatory registration to secure copyright in the work. Instead, Copyright protection begins automatically from the moment a work is fixed in a tangible form say, a book, a movie or a song etc. As soon as the copyright in a work ends, the work eventually falls in the public domain. In the USA the customary date for making a work available for public use is 1st January of every year.
The riddle as to why all the work officially fall in public domain only on 1st January can be solved by revealing the fact that in the USA, each January 1st commemorates Public Domain Day. On this day, a set of old works sees their copyright protections expire, enabling them to be freely accessed, shared, and utilized for any purpose.
However, in the case of Steamboat Willie, the mystery behind the period of 95 years is more than just a period set out by a single law, it includes several acts and amendments, this is because initially, these works were meant to enter the public domain in 1984 after a 56-year period, but an extension delayed this until 2004. Subsequently, they were expected to become public domain in 2004, having been copyrighted for 75 years. However, Congress intervened again, adding another 20 years to their copyright term by passing the Copyright Term Extension Act of 1998 which prolonged the copyright protection to 95 years.
Going as per statutes, the USA protects the copyright work on two lines: First, for the works created before 1978 and second for the works created after 1978. For the works created before 1978, initially the Copyright Act of 1909 provided protection for a total term of 56 years, first 28 years being the first term and next 28 years being the renewal term. Then, after 1st January, 1978, the length of renewal was extended to 47 years and then again, after enactment of 1998 Copyright Term Extension Act, the renewal term was extended to 67 years, finalizing the total protection term to 95 years. For the works created after 1978, the copyright term includes the remaining life of the author plus 70 years after such author’s death. In case of joint authorship, the life of last surviving author plus 70 years would be taken as protection period. In cases of works made for hire, anonymous or pseudonymous works, the copyright protection is 95 years from the publication or 120 years from the creation of such work, whichever shorter.
COPYRIGHT IN INDIA
In India, it is not mandatory to register a work with the registrar of copyright in order to obtain copyright protection. As long as the work is original, copyright is immediately granted to you the moment you produce it and put it into a tangible form, for example a Book. Copyright, as defined in section 14 of the Copyright Act, 1957, grants exclusive rights to creators over their works, including literary, dramatic, musical, and artistic creations, as well as computer programs, cinematograph films, and sound recordings. These rights encompass activities such as reproduction, distribution, public performance or communication, translation, adaptation, and commercial rental.
Presently, the duration of a copyright is 60 years P.M.A. (Post Mortem Auctoris). Post Mortem Auctoris here means after the death of the author of a work. However, as per Berne’s Convention and TRIPS Agreement this duration 50 years P.M.A. In cases of joint authorship, the term is determined by the date of death of the last surviving author.
CONCLUSION
Whereas there are many similarities in Indian and U.S. Copyright laws, such as non-requirement of registration to obtain copyright and provisions of fair use/ fair dealing, there also exist some difference for example the duration of copyright in both the countries. What is important to understand is that Copyright plays a vital role within the media and entertainment industry by providing legal protection to creators and owners of original works. This protection, though available only for few decades, serves as a cornerstone for safeguarding the intellectual property of individuals and entities involved in various creative endeavors and the interest of general public.
In conclusion, Mickey Mouse’s entry into the public domain marks a significant milestone in copyright history. While the original “Steamboat Willie” version is now freely available for creative adaptation, certain constraints ensure that new iterations distinguish themselves from Disney’s iconic character. This transition underscores the delicate balance between safeguarding creators’ rights and fostering innovation.
Reference list:
2. https://publicdomainreview.org/blog/2023/01/public-domain-day-2023/
3. https://www.indiacode.nic.in/show-data?actid=AC_CEN_9_30_00006_195714_1517807321712&orderno=14
4. https://www.wipo.int/copyright/en/
6. https://web.law.duke.edu/cspd/mickey/
Image sources:
1. https://www.deviantart.com/tateshaw/art/Disney-Series-Part-1-Steam-Boat-Willie-908097470
2. https://www.nytimes.com/2022/12/27/business/mickey-mouse-disney-public-domain.html