The expiration of the copyright of “Steamboat Willie” means that the black and white film can be shown without Disney’s permission and can even be sold by third parties. (Maybe there isn’t much resale value left though. Disney posted it for free on YouTube years ago.) It also means anyone can use the movie and the original Mickey to express themselves further – to create new stories and illustrations.
Winnie the Pooh, another Disney property, offers a glimpse into what could happen.
This year, AA Milne’s 1926 children’s book “Winnie the Pooh” entered the public domain. An aspiring filmmaker has since made a low-budget, live-action slasher movie called “Winnie-the-Pooh: Blood and Honey,” in which the chubby yellow bear goes wild. In one scene, Pooh and his friend Piglet use chloroform to incapacitate a bikini-clad woman in a hot tub, then run a car over her head.
Disney can’t claim copyright as long as the filmmaker sticks to the 1926 material and doesn’t use elements that came later. (Pooh’s recognizable red shirt, for example, was added in 1930.) Fathom Events is giving “Winnie-the-Pooh: Blood and Honey,” directed by Rhys Waterfield, a one-day theatrical release in the United States on February 15. .
Here’s where it gets tricky: Disney also has trademarks on its characters, including the “Steamboat Willie” version of Mickey Mouse, and trademarks never expire as long as companies keep filing the proper paperwork. A copyright covers a specific creation (unauthorized copying), but trademarks are designed to protect against consumer confusion – to provide consumers with certainty about the source and quality of a creation.
In short, any use of the original Mickey in the public domain cannot be seen as coming from Disney, Ms. Ginsburg explained. This protection is strong, she added, because the character, even in his early form, has such a close relationship with the company. People look at those ears and smile and “automatically associate it with Disney,” she said.
In 2007, Walt Disney Animation Studios redesigned the logo with the “Steamboat Willie” mouse. It has appeared before every movie the unit has released since, including “Frozen” and “Encanto”, deepening the old character’s association with the company. (The logo is also trademarked.) In addition, Disney sells “Steamboat Willie” merchandise, including socks, backpacks, mugs, stickers, shirts, and collectibles.
