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Disney's Rights to Young Mickey Mouse may be Wrong
by Rob Walker | August 26, 2008 at 12:04 pm
295 views | 6 Recommendations | 4 comments
Well, I guess it does pay to read the fine print. The wording of the copyright at the end of Mickey Mouse's first cartoon with sound on screen was Steamboat Willie, created in 1928.
While most lawyers agree that Steamboat Willie is widely interpreted to be in the public domain, the recent discovery of the copyright notice at the end shows that the specific version of Mickey Mouse in that cartoon might be available for fair use.
Film credits from the 1920s revealed imprecision in copyright claims that some experts say could invalidate Disney's long-held copyright, though a Disney lawyer dismissed that idea as "frivolous."
Although studio executives are not yet hurling themselves from the parapets of Sleeping Beauty's castle, the unexpected discovery raises an intriguing question: Is it possible that Mickey Mouse now belongs to the world -- and that his likeness is usable by anybody for anything?
For the record, any knock-offs would have to make clear that they did not come from Disney, or else risk violating the separate laws that protect trademarks. And the potentially free Mickey is not the most current or familiar version of the famous mouse.
Copyright questions apply to an older incarnation, a rendition of Mickey still recognizable but slightly different. Original Mickey, the star of the first synchronized sound cartoon, "Steamboat Willie," and other early classics, had longer arms, smaller ears and a more pointy nose.
Steamboat Willie (1928) is an animated cartoon featuring Mickey Mouse released on November 18, 1928. It was the third Mickey Mouse cartoon and the first to be made with sound. Disney used Pat Powers' Cinephone system, created by Powers using Lee De Forest's Phonofilm system without giving De Forest any credit. Steamboat Willie premiered at New York's 79th Street Theatre,[1] and played ahead of the independent film Gang War. Steamboat Willie was an immediate hit while Gang War is all but forgotten today.
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Most RecentMost Recommended Comments (4)
at 21:35 on August 26th, 2008
I'd hate to be a copyright or trademark lawyer !! I've read through quite a few...and it's a wording nightmare.
at 22:49 on August 26th, 2008
Rob Walker, I like this story. It's good stuff.
Well about copyrights i can tell you a lot of stories. The widely used highlight tool is in most cases violating of copyrights.
at 03:23 on August 27th, 2008
Well I am a bit naive on this topic, but isn't it true that most laws on the subject that would apply to the way it is used here are a bit vague and mostly refer to an "in print" use, and a "for profit" basis (for profit by poster/quoter) ? And application concepts such as are used on this web site have not been widely broached in either international or national law.....
at 11:08 on August 27th, 2008
Rob Walker, I like this story. It's good stuff.