this post was submitted on 12 Dec 2023
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92
When will Mickey Mouse enter the public domain? (www.deseret.com)
submitted 1 year ago by [email protected] to c/[email protected]
18 comments fedilink hide all child comments
 

This iconic mouse is weeks away fromn being in the public domain Jan. 1, 2024, is the day when 'Steamboat Willie' enters the public domain

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[–] [email protected] 32 points 1 year ago (3 children)

Additionally, even though the copyright is expiring, the trademark is not.

“You can use the Mickey Mouse character as it was originally created to create your own Mickey Mouse stories or stories with this character,” Daniel Mayeda, associate director of the Documentary Film Legal Clinic at UCLA School of Law, told The Guardian. “But if you do so in a way that people will think of Disney — which is kind of likely because they have been investing in this character for so long — then in theory, Disney could say you violated my trademark.”

😕

[–] [email protected] 21 points 1 year ago (1 children)

Which they will do. Immediately and with the force of a thousand suns.

[–] [email protected] 9 points 1 year ago (1 children)

Disney loves them some lawsuits.

[–] [email protected] 5 points 1 year ago (1 children)

they can't sue every r34 artist haha

[–] [email protected] 9 points 1 year ago

They don't give a shit about any R34 artist. They'll give a lot of shit if you start to make money, or diminish their brand in any measurable way - aka become popular enough to affect public opinion.

[–] [email protected] 15 points 1 year ago (1 children)

Just draw Mickey Mouse and caption it "This is Pikachu."

[–] [email protected] 16 points 1 year ago

"Ceci n'est pas une Mickey Mouse"

[–] [email protected] 8 points 1 year ago (1 children)

So when are we getting a dark Mickey? The dark Winnie The Pooh came out pretty fast after that copyright expired...

[–] [email protected] 16 points 1 year ago

[–] [email protected] 11 points 1 year ago (1 children)

Disney originally fought Steamboat Willie becoming public domain via Sonny Bono because it was the home video era and it meant that anyone could sell VHS tapes with Steamboat Willie on them. It's no longer really relevant and Mickey is still trademarked, so they don't have much of a reason to fight it at this point.

[–] [email protected] 1 points 1 year ago (1 children)

No reason to fight it? How about keeping Mickey locked behind copyright to be sold and licensed for another generation? Maybe not as popular as it once was, but it's one remake away from being a new smash hit again.

[–] [email protected] 1 points 1 year ago

Mickey is already trademarked. That is not necessary.

[–] [email protected] 2 points 1 year ago (2 children)

Copyright is broken, but I am not sure how to fix it. I would shorten the term substantially but then extend it when new works are created. That way Disney could own the mouse forever. But as soon as they stop creating new shows with the character it enters the public domain quickly.

[–] [email protected] 8 points 1 year ago* (last edited 1 year ago) (1 children)

The fix is easy. It's already in the constitution. A 14yr initial term, then one 14 yr optional extension. That's it. You can profit from your good idea for 30 yrs, the good idea the culture around you helped ferment, then every one else our nation can share in it, enriching us all.

Thats the compromise the founders made between society and inventors when it took 6 months for a letter to travel across an ocean. With instant information access, copyright lasting for 140yr (lifetime of creator + 70yrs) and counting makes zero fucking sense.

Disney loses an iron grip on mickey mouse? Good. Gives others a chance to create wonders with an old idea, a character that is far past part of everyone's cultureal heritage. A charector that should not be constrained to one entity forever. The exact same way disney used someone elses fairy tales to create its wealth, we should be able to use the fairy tales they created nearly 100 yrs ago.

If they need more money, they can keep innovating. Hitting gold in 1936 should not carry on into 2023.

[–] [email protected] 2 points 1 year ago (1 children)

It’s already in the constitution.

the us constitution does not set copyright length. it grants congress the power to guarantee to persons exclusive right to their work for a limited time.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago)

Good catch. The 14 + 14yrs is actually in the copyright act of 1790, which was signed into law by president George Washington.

Still, being that it was agreed upon in the 1st ever US congress and signed by the first ever US president, I think its pretty easy to find the founders intent for copyright law.

[–] [email protected] 3 points 1 year ago

You're thinking of trademarks, which require an ongoing usage in order to maintain.

Copyright and patent have limited terms in order to achieve their intended purpose, which is to advance the arts. If you create something new, you get a monopoly on using it for a limited time. If you want to keep selling your art after that time, you have to make new art. This was more obvious when the copyright term was 14 years. Thanks in part to Disney, it's now become so long that I think it has the opposite effect. Big creators know they will have such a long monopoly--the lifetime of the author plus seventy more years--the incentive isn't to make new art, but to reuse existing art. Fuck Disney.