Mickey Mouse Protection Act

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anatta

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Disney successfully lobbied Congress to lengthen the number of years that copyrights can be held in 1988. The law ended up being called the Copyright Term Extension Act but has also received the name “the Mickey Mouse Protection Act.” However, in two years, the rights to Mickey Mouse will end, and Mickey will be up for grabs.

way back when Mickey was created, the copyright law allowed a maximum of 56 years of protection. When Mickey got close to falling into the public domain, Disney started lobbying to make some changes. That lobbying paid off and the Copyright Act of 1976 was ultimately signed by Congress.
Under this Act, copyright protection for already-published corporate copyrights (like Mickey Mouse) was extended to to 75 years. Works published after 1922 were entitled to a full 75 years of protection. That extended Mickey’s copyright through to 2003.
As 2003 got closer, Disney started lobbying Congress once again. That’s when we got the Copyright Term Extension Act of 1998, which many refer to as the “Mickey Mouse Protection Act.” Under this act, corporate copyright protection was extended from 75 years to 95 years.
https://www.disneyfoodblog.com/2021/02/19/what-happens-when-disney-doesnt-own-mickey-mouse-anymore/
 
Could copyright get extended again?

It was a lot easier to block copyright expiration 20 years ago. Now, with the spread of information on the internet, it’s a lot more difficult for lobbyists to go against these public domain protections.

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“three of the nation’s most powerful rightsholder groups in the country, the Motion Picture Association of America, the Recording Industry Association of America, and the Authors Guild, were not even going to try to pass legislation extending copyrights.”

As of 2014, NOVA Southeastern University notes “At the latest hearings before Congress on revisions to the Copyright Act, not one Representative and not one witness invited to testify put forth the proposition that copyright terms should be extended yet again.”

So, what happens when Mickey Mouse hits the public domain?

Well, it’s important to note that NOT ALL of Mickey Mouse will be hitting the public domain in 2024.

2024 will specifically pull “Steamboat Willie, “The Barn Dance,” and that original design of Mickey Mouse into the public domain in terms of copyright law. As each year passes, more films starring Mickey will enter the public domain.

once 2024 comes, Disney won’t have any copyright protection for those original films and Mickey’s original version, but will still own later designs and trademarks.

Ars Technica raises an example of what this means. Take Mickey’s gloves. Mickey doesn’t actually wear white gloves until 1929. So, while you might be able to create a Mickey toy (featuring that original version of Mickey) on your own without any approval or authorization from Disney in 2024 when Mickey hits the public domain, your toy couldn’t feature Mickey’s signature white gloves until 2025. Another article notes, “If you want to utilize Sorcerer Mickey, you’ll have to wait until 2036, as this particular Mickey first appeared in the 1940 film, Fantasia.” Modern Mickey looks very different from Steamboat Mickey.
 
But, trademark complicates things

BUT, it isn’t as simple as it might sound. Disney owns trademark rights to Mickey Mouse, which don’t expire in the way that copyright does. According to NOVA South Eastern University, “Trademark law protects words, phrases, and symbols used to identify the source of the products or services. Copyright protects works of artistic expression from being copied.”

he trademark would make it so that Disney could control anything that appeared as if it came from Disney due to the use of Mickey Mouse. In this case, it would be difficult to sell a product emblazoned with Mickey in a way that could be perceived as a trademark, but perhaps more plausible to make a new film featuring Steamboat Mickey.

One example of this is that the first Tarzan stories are now public domain, but you don’t see rival stories of Tarzan because the heirs of Edgar Rice Burroughs, the creator of Tarzan, obtained a trademark on the name “Tarzan.” So far, they’ve been able to use this trademark as a way to prevent unowned works.

Disney has also obtained 19 different trademark registrations for the words “Mickey Mouse,” including live-action and animated television shows, cartoon strips, comic books, theme parks, and computer games.

Disney also has trademark registrations for Mickey’s visual appearance for animated and live-action motion picture films.” The NOVA article notes that Disney’s Trademark is possibly more for the Steamboat Willie version of Mickey than the modern Mickey. So basically, Disney isn’t handing over Mickey to the public domain without a fight. And they’ve done just about everything they can to protect one of their most valuable assets.

It’s possible that Mickey’s ownership will come down to legal battles dealing with the trademark rights since he is such a ubiquitous representative of Disney. That ruling could effectively give Disney indefinite ownership of the Mouse. But this won’t necessarily work for less recognizable characters who don’t associate so strongly with the brand.

Winnie the Pooh enters public domain in 2022. Disney has trademarked the bear, but is not the original creator so they may have less standing on protecting the use of Pooh than they will with Mickey in 2024. Time will tell! And if you were wondering, Mickey’s leading lady, Minnie, debuted at the same time as Mickey. So she’s up for public domain in 2024 too. Pluto, Goofy, and Donald Duck will be up for public domain soon after Mickey and Minnie.

Mickey is certainly an outlier when it comes to copyright and ownership. He is tied very closely to the Disney brand and massively recognizable. So, his situation is sure to be unique. It’s difficult to think of another creative character who is also so wholly considered a trademark!
Mickey Mouse is used heavily by Disney to identify the fact that Disney is the source of a particular product. Some argue that while the old Mickey Mouse cartoons will fall into public domain, trademark may save Mickey himself.

https://www.disneyfoodblog.com/2021/02/19/what-happens-when-disney-doesnt-own-mickey-mouse-anymore/
 
anatta said:
Republicans seem to be making noises about no more extensions.
So it's becoming political in combination with "Dont say gay" it's more compliated then just extension

these are the particulars FYI
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So it's a good thing that the copyright was extended because of the potential for the retarded governor to repeal the act?
 
AProudLefty said:
So it's a good thing that the copyright was extended because of the potential for the retarded governor to repeal the act?
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resubmit this word salad. read what I post and not deny it on the other thread.
get your shit together and quit wasting my time.. again
 
copyright and trademark laws do indeed have a purpose, since a sizable portion of humanity seem to be able to produce nothing on their own, but prefer to try and steal the work of others. It's just a shame that a failing of some people seems to be a lack of intelligence and common sense when crafting those copyright and trademark laws.
 
SmarterthanYou said:
copyright and trademark laws do indeed have a purpose, since a sizable portion of humanity seem to be able to produce nothing on their own, but prefer to try and steal the work of others. It's just a shame that a failing of some people seems to be a lack of intelligence and common sense when crafting those copyright and trademark laws.
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The Act is in case to make sure the government doesn't take a control over.

Now it seems to be a reality, but I doubt the act will ever be passed. Because it would destroy the state of Florida. While I might like to see DeStantis destroy it, it doesn't bode well for those business people.
 
Why does DeSantis want to threaten the hard working citizens and the business people? That is not a good look.
 
SmarterthanYou said:
so nothing but feel good legislation, because history has shown us that if the government wants a piece of property, it either takes it or bans it.
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The "government" as in the Feds empowered by the Republicans to deprive women of their rights and disenfranchise millions of Americans.

You remind me of the man who murders his parents then tells the judge, "Mercy, your Honor, I'm an orphan". LOL
 
Why would DeSantas want to fuck with the business people in Florida? I don't get it. More money for him?
 
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