According to the Global Times report on December 26, the copyright of Mickey Mouse, the representative image of Disney Company, will expire on January 1, 2024. At that time, the public will be able to use this cartoon shape for free, but only for the original characters in "Steamboat Willie" version of Mickey Mouse design, and subsequent revisions are still within the copyright protection period.
(Mickey Mouse. Photo/Xinhua News Agency)
The law was revised twice, and "Mickey" was able to live until the age of 95.
Previously, Disney won the title of "the strongest legal department on the planet" for its severe crackdown on piracy. It sued Japan in 1987 From an elementary school painting Mickey Mouse in the school swimming pool to suing singer-dancer Eileen Bowman (Eileen Bowman) who played Snow White at the 1989 Academy Awards to court, to suing in 2008 for wearing pirated Disney character costumes during filming An American couple in a business promotion video... Disney is merciless towards any infringement of its own copyrights. So much so that some netizens joked that if one day you unfortunately end up on a desert island, the best way to be rescued is to draw a huge Mickey Mouse pattern on the island. In this way, Disney’s legal department will rush to the rescue as quickly as possible. to sue you.
(In 2016, Disney sued "Autobots" for infringement. Posters of "Cars" (left) and "Autobots" (right). Picture/China Daily)
is one of the most successful animated images in the 20th century. , after two "life extensions" of Mickey Mouse, the original version of "Mickey" finally came to an end at the age of 95.
The Mickey Mouse that is about to be opened to the public is "Mickey" in the movie "Steamboat Willie" released in 1928. On November 18, 1928, the world's first sound cartoon film "Steamboat Willie" was released in New York. In the movie, a little mouse wearing tiny shoes hums a song while driving a boat. After that, the mouse called "Mickey" quickly became popular in the United States and went abroad to become famous all over the world.
(Mickey in "Steamboat Willie" in 1928. Picture/"Disney China" WeChat public)
"Mickey Mouse" not only gained the love of people around the world, but also brought huge wealth to Disney. Its founder, Hu Walt Disney even bluntly said, "I love Mickey Mouse more than any woman I know."
In order to keep this money-making machine, Disney has made every effort to extend Mickey's copyright, even if it means changing federal regulations.
When "Steamboat Willie" was released, according to the United States' 1909 Copyright Act, Mickey Mouse enjoyed a 56-year protection period, that is, its copyright would expire in 1984. However, before it was about to expire, Disney lobbied Congress to pass the 1976 royalty legislation, extending the maximum copyright protection period for published works to 75 years, allowing Mickey Mouse to successfully "extend" its life until 2003.
By the mid-1990s, Disney began to feel the crisis again, because in addition to Mickey's copyright expiring in 2003, the copyrights for Pluto, Goofy, and Donald Duck were also set to expire in 2005, 2007, and 2009. Years expire one after another. In order to retain this group of people with a total value of billions of dollars, Disney repeated its old tricks and began political lobbying.
(Mickey in "Mickey's Christmas Carol" in 1983. Picture/"Disney China" WeChat public)
In 1997, the U.S. Congress proposed the "Copyright Term Extension Act", proposing to extend the length of the copyright of the work again - this time to 95 Year. To ensure the bill passed, Disney used campaign donations in exchange for legislators' support. Watchdog records show the Disney Political Action Committee (PAC) paid a total of $149,612 in direct campaign contributions to lawmakers considering the bill. Of the 25 lawmakers who introduced the bill, 19 received funding from Disney CEO Michael Eisner. For example, Eisner paid then-Senate Majority Leader Trent Lott $1,000 the day he signed on as a co-sponsor.
While it's impossible to say whether Disney's efforts directly impacted politics, the outcome was clearly in their favor: The bill passed quietly and unanimously in the House and Senate without public hearings, debate, or roll call votes. On October 27, 1998, then US President Clinton signed the "Sonny Bono Copyright Term Extension Act", which extended the copyright term by 20 years, bringing the total term to 95 years. As a result, Mickey Mouse's life was extended again until 2023, so the bill was nicknamed the "Mickey Mouse Protection Act."
Can I use "Mickey Mouse" casually after the copyright expires?
Over the past ninety years, while continuously extending the copyright period of Mickey Mouse, Disney has also made many iterations of the image of Mickey Mouse, because according to U.S. copyright protection regulations, these different images of Mickey Mouse should also have a 95-year copyright copyright.
Early Mickey looked more like a mouse, with a thin body, no whites of his eyes, and no gloves. Today's Mickey has a pear-shaped figure, pupils, and wears the classic white gloves, red shorts, and yellow shoes. During this period, Mickey's image has been adjusted many times, which means that after the copyright expires, the public can only use the first version of Mickey. If other modified Mickeys are accidentally involved, there is also the risk of receiving a letter from a lawyer. .
("Mickey's Garden": the first colorful animated short film in which Mickey appears in the classic white gloves, red shorts, and yellow shoes. Picture/"Disney China" WeChat public)
In addition, even if the copyright expires, Disney still has trademark. Copyright is time-limited, but trademarks are not. In theory, as long as it is renewed on time, the exclusive right to use a trademark can continue to exist. Disney has already applied for various trademarks on the Mickey Mouse image. As the copyright of the first version of Mickey Mouse expires, more copyright disputes with Disney are expected to increase in the next few years.
Maida, associate director of the Documentary Law Institute at the UCLA School of Law, pointed out that "Disney can basically own the trademark forever as long as they continue to use various things in the trademark, whether it is words, phrases, characters or other things."
"(After the copyright expires) people can use the original version of the Mickey Mouse character to create different stories, but if you end up producing content that the public misperceives as being associated with Disney (either profiting from it or discrediting the Disney spin-off character). Theory ", Disney can sue for infringement of its trademark."
Shanghai Dabang Law Firm lawyer You Yunting also pointed out: "Even if the work enters the public domain, if the image of Mickey Mouse is used to shoot some vulgar or other bad connotations , the heirs of the author of Mickey Mouse can still come to defend their rights."
takes as an example a cartoonist who was sued by Disney for "magic modification" of Mickey Mouse cartoons without authorization. In the early 1970s, underground cartoonist Dan O'Neil was sued by Disney for creating a series of vulgar, parody, and satirical cartoons featuring Mickey as the protagonist. Disney claimed that it seriously damaged Mickey's innocent image and It violated their commercial interests and demanded compensation for copyright and trademark infringement and improper commercial use. In the end, Disney won with O'Neal being sentenced to $200,000 in damages and one year in prison.
Regarding this copyright expiration, a Disney spokesperson said, "Since Mickey Mouse first appeared in "Steamboat Willie," people have associated this image with Disney. Even if the copyright expires, this will not happen. Change. The more modern version of Mickey Mouse is unaffected and will continue to serve as a global ambassador for Disney and play a leading role in our stories, theme parks and merchandise. We will also work hard to protect Mickey Mouse and other iconic characters from unauthorized Use to avoid confusing consumers."
Source: Global Times, "Disney China" public account, Beijing Youth Daily, Jiupai News, China Daily website
[Source: Jiupai News]
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