The copyright to Mickey Mouse is soon coming to an end, which will have important legal implications for this iconic character.
By Michael Kondoudis, Trademark Attorney
This is our ULTIMATE guide to the Mickey Mouse copyright.
For almost 100 years, Disney has been fiercely protective of its most iconic character—Mickey Mouse. Disney holds the copyright to this beloved character, but it won’t last forever. In 2023, the copyright protection to the likeness of Mickey Mouse will end. After that, Mickey Mouse will enter the public domain, meaning anyone can use the character in their creative works without Disney’s permission or payment.
If you want to know why this is happening and what it means for Mickey Mouse, read on. This guide explains all you need to know about the Mickey Mouse copyright.
In this guide, we discuss:
> The End of the Mickey Mouse Copyright
> Disney’s Trademarks for Mickey Mouse
Let’s jump in!
1. The Basics of Copyrights
What Is a Copyright?
A copyright is a legal right that protects creative works by ensuring that creators have exclusive ownership over their works, such as books, music, films, poems, artwork, and software. This legal right gives the owner exclusive rights over how their material is used and distributed. Every copyright owner has the exclusive right to reproduce and distribute their original works.
A copyright gives the creator (author or owner) exclusive rights to reproduce a creative work and distribute copies or recordings of it. The copyright holder has the right to prevent others from using their work without permission.
A copyright is a form of intellectual property, along with patents (for inventions) and trademarks (for brands).
What Do Copyrights Protect?
Copyrights protect original creative works from unauthorized copying or use. Examples of creative works protected by copyright include books, poems, plays, films, paintings, photographs, illustrations, tv shows, songs, videos, and even software.
How Long Does a Copyright Last?
Copyrights last for a limited time and must be renewed periodically to remain in effect. The length of time a copyright lasts depends on the country where the work was created and published.
In the United States, copyrights generally last for the life of the author plus an additional 70 years.
However, copyrights for works created by anonymous authors or corporations (like Disney) are only protected for 95 years from the date of first publication.
What Happens After a Copyright Expires?
After the copyright expires, the creative work falls into the public domain. Anyone can use a work in the public domain without permission or payment to the copyright holder. This includes making copies of the creative work and distributing transformative versions of it.
2. The Mickey Mouse Copyright
What is the Mickey Mouse Copyright?
A Mickey Mouse copyright is a copyright that protects the likeness of Mickey Mouse, the famous cartoon character. Disney Inc owns the Mickey Mouse copyright. The Mickey Mouse copyright gives Disney the exclusive right to use the Mickey Mouse character in creative works like movies, tv shows, and live performances.
What Does the Mickey Mouse Copyright Protect Against?
The Mickey Mouse copyright protects against unauthorized copying and use of the likeness of Mickey Mouse in creative works such as films, movies, books, tv shows, and live performances.
Steamboat Willie, 1928
The History of Mickey Mouse Copyright Protection
Mickey Mouse first made his debut on November 18th, 1928, in a film short called Steamboat Willie. This lovable mouse was an instant hit, and Walt Disney wanted to protect him from being copied by other studios. So, Walt registered a copyright on December 16th of that same year. This gave Disney exclusive rights to create cartoons featuring Mickey Mouse and merchandise and toys related to the character.
When Does the Mickey Mouse Copyright Expire?
2023: The Mickey Mouse copyright expires in 2023.
3. The End of The Mickey Mouse Copyright
Why Is the Copyright to Mickey Mouse Ending?
The reason is that copyrights have limited lifespans under federal law and copyrights for works created by corporations (like Disney) are only protected for 95 years from the date of first publication. This is why the Mickey Mouse copyright is coming to an end. Disney first published Mickey mouse in 1928, so the copyright for Mickey Mouse will expire in 2023 – 95 years after its first publication.
What Happens After the Mickey Mouse Copyright Expires?
When a copyright expires, anyone can use the copyrighted material without permission or payment. This applies to both commercial and non-commercial works. After the Mickey Mouse copyright expires in 2023, anyone will be able to create derivative works using his likeness without getting Disney’s permission.
When is the Mickey Mouse Copyright Going to Expire?
2023: The Mickey Mouse copyright will expire in 2023.
Can Mickey Mouse Copyright be Renewed?
No, the Mickey Mouse copyright cannot be renewed. It will expire in 2023 – 95 years after Disney published Mickey Mouse for the first time.
Why Does the End of the Mickey Mouse Copyright Matter?
When a work enters the public domain, anyone can use it without permission from its original creator or owner. For example, artists who want to use Mickey Mouse in their creative works must first get permission from Disney (the current copyright holder) until November 2023. After that date, the copyright will expire, Mickey Mouse will enter the public domain, and artists will not need Disney’s permission to use Mickey Mouse.
Can Disney Renew the Copyright for Mickey Mouse?
No, Disney cannot renew the copyright for Mickey Mouse. The copyright will expire by law in 2023. Disney cannot obtain a Mickey Mouse copyright extension.
However, Disney also still owns trademarks for Mickey Mouse, which do not expire in 2023.
When Will Mickey Mouse be in the Public Domain?
The copyright for Mickey Mouse will expire in 2023. After 2023, Mickey Mouse will enter the public domain.
4. Beware of Disney’s Mickey Mouse Trademarks
Disney Still Owns Mickey Mouse Trademarks
Although the imagery for Mickey Mouse will enter the public domain, The Walt Disney Company still owns trademarks for the Mickey Mouse name and thousands of symbols associated with the character. Trademark protections last as long as Disney continues to use Mickey Mouse as a brand. If anyone uses the Mickey Mouse imagery in a way that people will think of Disney, that may constitute trademark infringement.
U.S. Trademark No. 315,056 for MICKEY MOUSE
A Word of Warning
While copyright protection will expire on Mickey Mouse himself, Disney still owns trademarks on several aspects related to him, such as his name, likeness, and design elements associated with him, like his signature ears and gloves. So, companies still have to adhere to certain restrictions when using these elements in their work or products.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).