Q: I saw on television that the Mickey Mouse character is no longer subject to copyright, or something along those lines. This seems very surprising. Can you clarify?
B.W., Culver City
A: In the United States, a copyright under the current rule (a work created after 1978) has a duration of the life of the author plus 70 years. Older works, published before 1929 — which includes some aspects of Mickey Mouse — generally have a fixed term of 95 years from publication.
Focusing then on your inquiry, there are parts of Mickey Mouse that are now part of the public domain; however, Mickey Mouse as an entire character and brand is not wholly free of copyright (or for that matter trademark) protection.
Research indicates that the Mickey Mouse who appeared in the 1928 short “Steamboat Willie” is now in the public domain. Hence, that version and film are available for use without permission under the copyright law from the Disney Company. Also, research further indicates that some very early designs have begun entering the public domain this year as well.
The subsequent version of Mickey, which you would probably consider his more familiar appearance (gloves, certain colors and features, as well as personality characteristics), remains under copyright and is still owned by Disney. In addition, Mickey Mouse remains a trademark of the Disney Company. So Disney has control over use of the name Mickey Mouse, as well as pertinent logos and merchandising.
If you might have a plan to use some portion of Mickey Mouse, thinking it is permissible to do so, you are prudent to first consult with qualified counsel.
Q: We are trying to figure out the difference between a copyright and a trademark. If you could answer that, it would be appreciated.
L.G., Westwood
A: Trademarks, as distinct from copyrights, do not expire so long as they remain in use and are renewed. As to the differences between copyright and trademark, a copyright protects expressive works like a cartoon, whereas a trademark is protective of brand identifications.
Here are some additional examples of original, creative works, fixed in a tangible form, which can be entitled to copyright protection: Books, photographs, software codes and architectural drawings.
Trademark protection, on the other hand, extends to logos, slogans, product names and business names.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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