this post was submitted on 29 Apr 2024
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[–] [email protected] 0 points 6 months ago (1 children)

Winnie the Pooh isn't an original Disney IP either. Yet if you put Pooh in a recognizably Disney style Pooh costume they'll sue you. You can sell merch of shirtless Pooh all you like.

It's still protecting the Disney version of the IP. It's why the live action remakes still share a visual language with the animated originals.

You can make an Aladdin movie if you like. But god help you if there is a Blue Genie with characteristics recognizable to an objective observer as being similar to Genie®.

Steamboat Willie is public domain, but Mickey Mouse® is not.

That doesn't mean Steamboat Willie is fair game either, Disney can still argue it's a trademark, and likely will, since they've made it the new intro clip to every Disney IP.

Here's an writeup covering it in more depth, from The Carey School of Business at Johns Hopkins:

https://carey.jhu.edu/articles/mickey-public-domain-copyright-holders