The expiration of the “Steamboat Willie” copyright implies that the black-and-white short may be shown without Disney’s permission and even resold by third parties. (There might not be much sales value left, nonetheless. Disney posted it without spending a dime on YouTube years ago.) It also implies that anyone could make use of the film and the unique Mickey to further expression — to create latest stories and artwork.
Winnie the Pooh, one other Disney property, offers a window into what could occur.
This yr, the 1926 children’s book “Winnie-the-Pooh,” by A.A. Milne, got here into the general public domain. An upstart filmmaker has since made a low-budget, live-action slasher film called “Winnie-the-Pooh: Blood and Honey,” during which the pudgy yellow bear turns feral. In a single scene, Pooh and his friend Piglet use chloroform to incapacitate a bikini-clad woman in a hot tub after which drive a automobile over her head.
Disney has no copyright recourse, so long as the filmmaker adheres to the 1926 material and doesn’t use any elements that got here later. (Pooh’s recognizable red shirt, as an example, was added in 1930.) Fathom Events will give “Winnie-the-Pooh: Blood and Honey,” directed by Rhys Waterfield, a one-day theatrical release in the USA on Feb. 15.
Here is where it gets tricky: Disney also holds trademarks on its characters, including the “Steamboat Willie” version of Mickey Mouse, and trademarks never expire so long as corporations keep submitting the correct paperwork. A copyright covers a particular creation (unauthorized copying), but trademarks are designed to guard against consumer confusion — to supply consumers assurance concerning the source and quality of a creation.
Boiled down, any public domain use of the unique Mickey can’t be perceived as coming from Disney, Ms. Ginsburg explained. This protection is powerful, she added, since the character, even in his early form, has such close association with the corporate. People glance at those ears and smile and “routinely associate it with Disney,” she said.
In 2007, Walt Disney Animation Studios redesigned its logo to include the “Steamboat Willie” mouse. It has appeared before every movie the unit has released since, including “Frozen” and “Encanto,” deepening the old character’s association with the corporate. (The brand can also be protected by a trademark.) As well as, Disney sells “Steamboat Willie” merchandise, including socks, backpacks, mugs, stickers, shirts and collectibles.