Will we see Mickey Mouse as main character in a Horror Movie?

This year started with a fascinating news about Mickey Mouse in relation to his IP rights. Many of you texted us asking whether is true or not that Disney doesn’t own anymore the copyrights on Mickey Mouse. Well, let’s try to clarify what is happening.

First of all, what is a copyright? Copyright is a natural right that is generated at the moment of the creation of an artwork (music, drawings, sculpture, photography, movie, etc.). This means that the creator of a specific artwork doesn’t need to register the creation in order to obtain protection on it, but is enough he can prove that the creation is fruit of his/her own creativity (and hands).

Copyright is a very important tool in terms of protection. If this right didn’t exist, everyone could copy your artwork, replicate it, and make profit out of it.

So, back to original question: is it true that Mickey Mouse is no longer “copyrighted”? The answer is simple. 

Copyright doesn’t last forever. Each jurisdiction might have different length of duration for this right. Indeed, we should specify that is not Mickey Mouse in general losing his copyright protection, but a very specific feature of Mickey Mouse. We are talking about the original Mickey and Minnie Mouse animation ‘Steamboat Willie’, where the intellectual property of The Walt Disney Company lasted for 95 years and only this year finally entered the public domain (and be careful, not worldwide, we are indeed talking only about the US).

It is also worth mentioning that Disney has been aware of this day for very long time. The movie was originally set to enter the public domain in 1984 but Disney managed to get an extension in 1978 which pushed that date forward to 2004. And then again, when the date was about to approach, in 1998, it was once again pushed further until 2024 by the Copyright Term Extension Act (now also known as the ‘Mickey Mouse Protection Act’).

So finally, this is it. Mickey Mouse and his version as represented in the movie Steamboat Willie is now available for public usage. And yes… we may see Mickey Mouse as main character of a Horror movie any time soon without this action being a violation of Disney rights.

What can Disney do to prevent a massive usage of its most iconic character in order to also avoid the dilution of such exclusivity?

One option is to update their works so that they are sufficiently distinct and original to create new copyrighted works. Indeed, this is why Disney has consistently updated the artwork of Mickey and Minnie Mouse to ensure they can continue to exclusively use the latest image of them.

Second, try to expand the protection to different IP rights, such as trademark registrations which are becoming increasingly important to plug any gaps in a work’s copyright protection. Trademark protection theoretically lasts for ten years but this can be renovated “ad infinitum”.

Disney, well aware of this indeed, owns several hundred of trademark registrations globally related to Mickey Mouse alone.

In conclusion, the copyright on Steamboat Willie is now expired, and the Steamboat Willie version of Mickey Mouse is now officially in the public domain. This means that now anyone in the U.S. can use that specific Mickey Mouse character without fear of copyright infringement. But once again, don’t forget that Copyright laws vary by country, so in some places Mickey remains protected.

What about China? How long does a copyright last in China? Is it Mickey Mouse still protected in China?

Most copyrighted works are afforded protection for at least 50 years after their creation or publication, but this can vary from Country to Country. In China the duration of a copyright is strictly connected to the kind of work we are going to protect. The general rule says that the protection of a copyright, if the author is a legal person/entity, the protection lasts 50 years, ending on 31 December of the 50th year after the date of first publication. If the work is not published within 50 years, it is no longer protected.

If the author is an individual, the protection lasts for the duration of his or her life, plus 50 years after his or her death, ending on 31 December of the 50th year.

The protection period of the author's right of authorship, modification, and protection of the integrity of the work is not limited. According to the Implementation Regulations of the Copyright Law (Revised in 2013), after the author's death, the rights of authorship, modification, and protection of the integrity of the work in their copyright shall be protected by the author's heir or testator.

As you can see from the general rule above, the duration of a copyrights differs greatly from country to country.

Let’s jump to conclusion saying that the copyright protection period of the first generation Mickey Mouse has expired, but in China, the three personal rights of authorship, modification, and protection of the integrity of the work, except for the right to publication, are still protected by law and cannot be infringed.

When the copyright protection period of a work expires, it enters the public domain. Anyone can use the work without the author's permission or payment, but it is not without any restrictions. 

As mentioned above, the three personal rights of authorship, modification, and protection of the integrity of a work are still unrestricted in China. 

Anyone who exercises the right to enter the public domain of a work should respect the personal rights of the author of the work.