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Disney can't do anything about this anymore! (lemmy.world)

submitted 10 months ago by [email protected] to c/[email protected]

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[–] [email protected] 17 points 10 months ago* (last edited 10 months ago) (1 children)

They lost the copyright of the Steamboat Willie characters as well. So the Steamboat willie version of the Mickey Mouse design is in the public domain. All the other Mickey Mouse designs are still under Disney’s copyright and they still own the Mickey Mouse trademark.

So yes you can use Steamboat Willie Mickey in anything you want and create derivative work.

[–] [email protected] 3 points 10 months ago (1 children)

They still have a trademark on Mickey mouse, so it's not carte blanche. What extent the trade mark has isn't perfectly clear, but it's pretty powerful.

[–] [email protected] 5 points 10 months ago* (last edited 10 months ago) (1 children)

As long as you only use this Mickey in artistic work then it’s fine. If you start using it as branding and marketing like slapping that Mickey on a box of cereals then Disney will come after you because they can say your product causes consumer confusion and consumers associate your product with Disney. Which violates the trademark.

So if you want to make a Steamboat Willie 2 the promotional material needs to be very clear that it’s not a Disney production.

[–] [email protected] 1 points 10 months ago (1 children)

I'm not totally sure if you could make a sequel under trade mark law since the Mickey character is still trade marked for new works, maybe if it were free it would be ok. If you wanted to use clips from the original work in a music video or something then you should be able to do that.

[–] [email protected] 1 points 10 months ago

Trademark law only prohibits the use of a trademarked character if doing so “is likely to cause confusion, or to cause mistake, or to deceive” consumers about the source or sponsorship of the new product

https://web.law.duke.edu/cspd/mickey/