Could Disney Lose Rights to Mickey Mouse

Via DisDining.com

It seems the ball is in Disney’s lawyers’ court to protect the world’s most beloved and iconic character. But is it true that Disney could really lose its rights over Mickey Mouse? John Oliver on his HBO late-night show, Last Week Tonight, challenged the Walt Disney Company with his willingness to simply take Mickey Mouse for his own.

According to Intellectual Property Law, the short answer is yes. The copyright on Mickey Mouse will expire just next year in 2024, 95 years after his first appearance, sending him to the public domain. This copyright applies explicitly to the very first iteration of Mickey Mouse in his animation debut, Steamboat Willie (1928)This black and white hand-drawn cartoon introduces Mickey with a tall white cap and without the white gloves that have become his modern uniform.

Deadline shared Oliver’s comments that Disney’s use of Steamboat Willie in attachment to the Walt Disney Animation Studios logo is an attempt to circumvent the expiring copyright, claiming the image as a trademark associated with their brand. While no one can argue that Mickey Mouse and the Disney Company are inseparable, there remains a legal gray area undoubtedly about to be explored.

For example, Oliver mentions that other classic characters associated with the Walt Disney Company have already fallen victim to copyright expiration. At the start of 2022, Christopher Robin’s iconic friends entered the public domain. This includes Tigger, Piglet, Rabbit, and Eeyore, but Oliver cites a specific example where Winnie the Pooh himself is the murderous villain in what seems to be an indie horror flick. The film is titled Winnie-the-Pooh: Blood and Honey.

Know for his show’s wild antics, John Oliver invited Steamboat Willie as a new character onto his show. While immediately recognizable, Mickey tested some new Last-Week-Tonight style catchphrases as he and Oliver wondered aloud where Mickey Mouse’s iconic voice fell on the copyright spectrum.

Oliver argued that, while legally Steamboat Willie will be public domain, there will still be considerable risk in using him for “new and interesting” things. A risk that clearly thrilled Oliver, as he happily called a Steamboat Willie mascot onto the stage and offered to hire him out for events.

Steamboat Willie on Disney+

John Oliver’s actions dared the Walt Disney Company to respond. He questioned if Disney would do anything in the Mickey Mouse copyright arena, and if so, what? Summing up the copyright drama thematically, Mickey Mouse says, “I guess you’ll find out,” to which Oliver giggles, “Yea! I guess we will!”

Could Disney Lose Copyright Protection For Many Beloved Characters?

As we enter the year 2022, The Walt Disney Company will be facing some intriguing potential battles due to copyright law.

Some of Disney’s most cherished characters are set to enter the public domain and perhaps the most popular among those are the Winnie the Pooh characters that originally appeared in the books written by A.A. Milne. The characters, based on Milne’s son Christopher Robin and his stuffed animals, include Winnie the Pooh, Eeyore, Tigger, Piglet, Kanga, and Roo.

report from USA Today reads:

Disney acquired the rights to the Winnie-the-Pooh books and their characters from Milne’s estate back in 1961 and has spun them into a multibillion-dollar industry. Investors might be surprised to find that Winnie the Pooh and friends are among the most lucrative in Disney’s catalog.

Winnie the Pooh is, in fact, among the most valuable media franchises in the world, having accumulated revenues of more than $80 billion over the years, putting it neck-and-neck with Mickey Mouse. While estimates vary, some believe that Disney currently generates annual revenue of between $3 billion and $6 billion from Pooh and friends. 

Winnie the Pooh 2011 animated movie

All is not lost for House of Mouse

It’s important to note a few important legal distinctions. Beginning in 2022, Disney won’t be able to sue anyone that uses A.A. Milne’s original Winnie-the-Pooh stories as inspiration, adapting the fictional bear for new projects or original creative works. The original line drawings from the book, penned by E.H. Shepard, will also be fair game.

Disney can, however, go after anyone that tries to use Disney’s version of Winnie the Pooh and the trademarked characters it created based on Milne’s stories. The House of Mouse also maintains the rights to Milne’s books and characters created after 1926, including Tigger, who first appeared in 1928.

Winnie the Pooh and Tigger

There is a chance that the Walt Disney Co. could attempt to extend the copyright on Winnie the Pooh, but many legal experts believe that would be a longshot.

Perhaps of greater concern for the Walt Disney Company is the fact that Steamboat Willie, the earliest version of Mickey Mouse, is set to enter the public domain in 2024.

steamboat

As Winnie the Pooh and his friends enter the public domain, Disney fans should not expect that anything different will happen with the characters from the company other than what we’ve already seen. However, what this could mean is that other companies outside of Disney could begin to look at ways to profit off the characters. They will not be able to use the Disney trademarks but would have to make their own versions.