Public domain controversy may actually put steam back into Disney

Choo Choo! Steamboat Willie has now entered the choppy waters of public domain as Disney’s trademark on the original Mickey Mouse classic expired. This black-and-white mouse riding on a boat is one of Disney’s most iconic pieces of work, and the very inception of Mickey’s career as mascot for the company. But now that Steamboat is free for use, what does that mean for the classic rodent, or even the company he represents?

The ‘public domain’ may seem like a complicated landscape, but in fact it is very simple to understand: the term was implemented in US courts in 1896 and referred to all materials not protected by a patent or a copyright as “public property” and free to use, hence the term “public domain.” But if an item is copyrighted, like Steamboat Willie, then how is it in the public domain now? That’s where things get complicated. Originally, Steamboat was supposed to enter public domain in 1984, but with Disney wanting to secure a good image for their creations (and their company), they, and other lawmakers, helped change the law in 1976 so a copyright ensured protection on a work for the rest of the author’s life plus an additional 50 years. However, in 1998, Disney once again lobbied for a change in the copyright laws so material is protected for an additional 70 years after the author’s death. Unfortunately, copyright laws only give a maximum of 95 years of safety for the material before it enters public domain.

While Steamboat Willie is free to use, there are limitations to this situation. The public can only use the classic black and white Mickey Mouse found in that same cartoon and some earlier, as the newer and brighter Mickey is still protected. Another rule the public must obey is a trademark, and so the audience cannot use Mickey in a way that will mislead consumers to believing it is an actual Disney production. 

All of these rules are not stopping the public from getting creative with the recognizable cartoon from 1928: in fact, there has been a trailer for a horror movie featuring this mouse as well as a horror video game. Mickey Mouse is not the only classic Disney cartoon character getting this treatment: last year, Winnie the Pooh entered the public domain and spawned a horror movie (the notorious Winnie the Pooh: Blood and Honey). While it is hilarious that a loveable, family-friendly cartoon character fell victim to the horror genre, this film did not sit well with critics and in fact sparked some controversy with an elementary teacher showing it to her students, believing it was a simple Disney film.

With the original mouse himself out of the proverbial house, the boundaries of creativity are infinite, and Disney is struggling to maintain their good image. Steamboat proves that, when given the ability to take control of the image of a company, the public can do anything and will do everything it possibly can, possibly tarnishing the company’s reputation in the process. But, seeing as Disney felt somewhat irrelevant in the film industry in 2023, their iconic characters entering the public domain might be better for the company in the end. In fact, this news is only shining a brighter spotlight on the monopoly that is Disney.

by Ruby Pluchinsky

Published January 29 2024

Oshkosh West Index volume 120 issue IV