Mickey Mouse on the boat is now common property
The first appearance of Mickey Mouse was in 1928 in a short film by Walt Disney. The work has belonged to the public since 1 January 2024, although a few points must be noted.
Micky Mouse makes his first appearance in the animated short film "Steamboat Willie" and the silent film "Plane Crazy", both from 1928. Fortunately, an early version of Minnie Mouse can also be seen here. The two characters have been part of the public domain since 1 January 2024.
The colourful, cuddly mouse from my childhood has little to do with the Mickey Mouse of those black-and-white films. From minute four onwards in Steamboat Willie, Mickey Mouse even forces animals to act as musical instruments. In general, Mickey acts more rude than nice and friendly. The good thing is that this version is now freely available to everyone. So you can also create your own work from it.
What was that again about the public domain?
The public domain refers to content that is not or no longer protected by copyright. It is therefore freely available. This access cannot be restricted by copyright law. Copyright protection generally ends 70 years after the death of the author. If there is no explicit author, or if their death is unknown, it is counted from the publication of the work.
Source: Michelle Brändle
What are you allowed to do with a work in the public domain?
If a work is in the public domain, you can use it as you wish without authorisation. This means reproducing, editing and publishing it. You can find more details on this in the PDF from the Federal Institute of Intellectual Property.
The now no longer protected character Mickey Mouse from Steamboat Willie can therefore also be changed and published at will. And the first results are not long in coming. With "Infestation 88", the first trailer for a video game featuring the creepy Mickey Mouse has already been released.
What is forbidden: Mickey Mouse is not completely outlawed
In general, caution is advised: The name "Mickey Mouse" is trademarked by Disney and may not be used. This applies to both the logo and the name itself. And trademark law knows no end.
The later versions of the famous mouse are also still subject to copyright and may not be used. For example, the version of Mickey Mouse from the 1940 film Fantasia, which only became a success years later. Or an even later Mickey Mouse figure from the children's programme Mickey Mouse Clubhouse, which was broadcast on the Disney Channel from 2006. Here the mouse gets a 3D look.
Source: Disney
There is therefore a risk if the new works created from the 1928 version of Mickey Mouse infringe the brand in any way or dilute the brand through use. For example, you are not allowed to call a restaurant "Mickey Mouse Restaurant". Disney is known to intervene quickly in such matters. That's why the restaurant in Switzerland went wrong once before in 1951.
Ironic: Steamboat Willie is based on another film
The short film Steamboat Willie is based on a well-known film at the time called Steamboat Bill. It starred Buster Keaton, who, alongside Charlie Chaplin and Harold Lloyd, was one of the most successful comedians of the silent film era.
Micky Mouse thus made his first appearance in a film that was based on another copyrighted work. "If you reference something that's popular, you're most likely to create a broader audience as well as an audience that recognises that particular reference," communication professor Kembrew McLeod explained to US radio station NPR.
Source: Michelle Brändle
The example of Steamboat Bill beautifully illustrates how iconic figures can be created. The cancellation of a copyright is also an impetus for new, creative works. Who knows what will become of that Mickey Mouse from 1928 ...
Cover picture: Walt Disney Animation Studios
In my world, Super Mario chases Stormtroopers with a unicorn and Harley Quinn mixes cocktails for Eddie and Peter at the beach bar. Wherever I can live out my creativity, my fingers tingle. Or maybe it's because nothing flows through my veins but chocolate, glitter and coffee.