The start of 2024 marked one of the most notable moments for global pop culture. Not because of big releases or premieres, but due to the fact that Mickey Mouse has finally entered the public domain. This means that the iconic and famous character can now be used by anyone in films, games, books and other productions. The entry of the emblematic mouse into the public domain was a long-awaited event and involved several legal challenges before coming to fruition on January 1, 2024.
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The celebration among artists at seeing Mickey free from copyright restrictions was accompanied by a series of announcements of projects involving the character. However, it is crucial to clarify that only the original version of Mickey Mouse, created in 1928, had its rights released, including other characters from the short Steamboat Willie, such as Minnie and João Bafo de Onça.
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This distinction is significant, as only the black and white version with a retro feel became public domain, no longer belonging to a company, brand or individual. Over its almost 100 years of history, Mickey Mouse has undergone evolution and gained several versions, and the rights to these variations remain the property of Disney. This implies that even the red, black and white color scheme, as well as the distinctive speech characteristics, are unique to the original 1928 version. The specific design, with the character in black and white, without gloves, small shoes and eyes ovals, is now in the public domain. All post-1928 modifications remain protected by law, something Disney’s lawyers will certainly monitor closely in the coming years. Derivative works that use newer character designs or attempt to mislead the public regarding association with the studio will be subject to legal restrictions.
It is important to highlight that Mickey Mouse’s entry into the public domain does not imply that Disney will stop using the character in its products or producing animations starring him. Mickey remains a highly profitable brand for the company, and the freedom granted by the public domain may even increase public interest in the beloved mouse. The ability to use the original Mickey is based on Copyright Law, which considers the work itself to allow the use of characters. Generally speaking, an intellectual property ceases to belong to someone and becomes public 95 years after its original release, along with everything contained in that work.