Mickey Mouse: A Copyright Odyssey
Contributor: Sonalika Gupta
January 1, 2024, marked a watershed moment in intellectual property history as Mickey Mouse, after 95 years of copyright protection, ventured into the public domain. This transition not only symbolized the liberation of a beloved character but also ignited discussions on the broader implications for creativity, innovation, and the entertainment industry. This article delves into the evolution of copyright law in the United States, from its roots in the Constitution to its modern-day implications for iconic characters like Mickey Mouse.
Early Copyright Legislation
The U.S. Constitution codified the principle that an author, innovator, or artist should enjoy the benefits of their intellectual property. The Copyright Clause, found in Article I, Section 8, Clause 8 of the Constitution[1], empowers Congress to enact laws “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
Congress passed its first Copyright Act in 1790. The length of a copyright has changed dramatically since the 1790 Copyright Act. Lawmakers found compelling the argument that authors should be able to continue to profit off their work, and they extended the time limit for copyrights.
- In 1831, copyright terms were changed to 28 years with a renewal of 14 years.
- In 1909, terms were increased to 28 years with a renewal of 28 years (56 years total).
- In 1976, copyright law was amended to protect works for 50 years after the author’s death (common in Europe) or 75 years for corporate or anonymously owned works.
Since 1976, Disney specifically has effectively lobbied for extended terms and single-handedly changed copyright law in a way that has stopped authors and creators from building on popular ideas. In 1998, a final act was passed.
Mickey Mouse and The Sonny Bono Copyright Term Extension Act 1998
Disney introduced Mickey Mouse in 1928 with the release of Steamboat Willie. Created by Walt Disney and Ub Iwerks, Mickey Mouse swiftly became an enduring cultural icon, bringing joy and laughter to audiences worldwide. Pursuant to the 1909 Act, Steamboat Willie’s copyright protection was set to expire in 1984 and fall into the public domain. Once there, anyone could use the character without obtaining permission from, or paying, Disney. With the 1984 expiration of Disney’s mascot soon approaching, it began intensely lobbying for Congress to reconsider and amend the 1909 Act. The company’s lobbying proved successful, because Congress passed the Copyright Act of 1976 (“1976 Act”) which transformed copyright law. For corporations, the copyright protections lasted for seventy-five years from the year of creation. Mickey Mouse’s date of copyright expiration was now extended to 2003. Again, Disney worked hard to lobby Congress for another copyright extension in the 1990s, and again, its efforts were rewarded. In 1998, Congress passed the Sonny Bono Copyright Term Extension Act, more commonly known as the Mickey Mouse Protection Act.[1]
The Mickey Mouse Protection Act extended works created on or after January 1, 1978, to the life of the author plus seventy years. For corporations, copyright protections extend for ninety-five years from first publication or 120 years from creation, whichever was shorter.
This extension of copyright terms prompted legal challenges, notably exemplified by the landmark case of Eldred v. Ashcroft (2003).[2] In this case, Eric Eldred, a publisher and the founder of Eldritch Press, contested the constitutionality of the Copyright Term Extension Act (CTEA). Eldred argued that the CTEA violated the Copyright Clause of the Constitution by effectively instituting perpetual copyright protection, contrary to the constitutional mandate to promote the progress of science and useful arts.
Despite Eldred’s impassioned arguments, the Supreme Court, in a 7-2 decision, ultimately upheld the constitutionality of the CTEA. The Court affirmed Congress’s authority to extend copyright terms, recognizing the Act as serving legitimate governmental interests. Thus, the legal landscape surrounding copyright term extensions, exemplified by the Mickey Mouse Protection Act and its ensuing legal challenges, underscores the intricate balance between protecting intellectual property rights and fostering innovation in the creative sphere,
Key Provision
The Sonny Bono Copyright Term Extension Act (CTEA), signed into law in 1998, amended the 1976 Copyright Act with four key provisions. Firstly, it extended the copyright term by an additional twenty years for all works copyrighted in the United States. Secondly, it altered transfer rights, thirdly, it created a new infringement exception, and fourthly, it addressed division of fees. The CTEA applies both prospectively and retroactively, meaning it affects both future copyrights and those previously granted. For works created after January 1, 1978, the protection extends for the life of the author plus seventy years. Additionally, anonymous works, pseudonymous works, and “works made for hire” were extended for ninety-five years from first publication or one hundred and twenty years from creation. The Act also grants a term of ninety-five years from the date the copyright was originally secured for works that were in their renewal term at the time the Act became effective.
Disney's Conundrum
For the Walt Disney Company, the expiration of Mickey’s copyright presented a double-edged sword. While relinquishing exclusive ownership posed risks of potential exploitation, it also heralded a realm of newfound creativity and innovation. With Mickey now residing in the public domain, artists and producers gained unprecedented freedom to reimagine and expand upon the character without seeking Disney’s approval. However, Disney’s trademarks, including iconic depictions of Mickey, remain safeguarded, necessitating vigilance to avoid potential infringement. Despite the liberation of early versions of Mickey, Disney’s cultural stewardship and brand integrity remain paramount in navigating this new terrain.[1]
Mickey’s entry into the public domain sparked global discourse on copyright law intricacies, emphasizing the importance of understanding jurisdictional variations. It reflects a key moment in copyright law evolution, emphasizing the balance between creator rights and public domain access. Navigating this landscape requires strategic awareness of copyright nuances.
Conclusion
The transition of Mickey Mouse into the public domain represents a significant milestone in the history of intellectual property, signalling a profound shift in the landscape of creative expression and innovation. As Mickey enters this new phase of freedom, the Walt Disney Company confronts a fundamental revaluation of its strategies for safeguarding brand integrity amidst the evolving cultural and commercial dynamics. The ramifications of Mickey’s liberation extend well beyond the realm of entertainment, sparking nuanced discussions surrounding the equilibrium of copyright law and the democratization of creative endeavours. As stakeholders across industries embrace the legacy of Mickey’s emancipation, they engage in a dynamic dialogue that shapes the future trajectory of intellectual property.
Amidst this ongoing narrative of creativity and copyright, Mickey Mouse emerges as an enduring symbol of resilience, adaptability, and the enduring power of imagination. Drawing inspiration from Mickey’s indomitable spirit, we are compelled to navigate the intricate terrain of intellectual property law with a sense of purpose, embarking on a collective journey of discovery, innovation, and limitless creative potential.
