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The big issue for Disney is once Mickey Mouse enters the public domain, anyone is free to create derivative works of the initial cartoons.
by herge 11y ago
The big issue for Disney is once Mickey Mouse enters the public domain, anyone is free to create derivative works of the initial cartoons.
- logfromblammo 11y agoMaybe only in trade classes where original-style Mickey Mouse is not asserted as trademark. You can make derivative cartoons with Steamboat-Willie-era Mickey Mouse, but you can't distribute them in commerce without a few legal precautions, as Disney asserts the Mickey Mouse image as a trademark with respect to int'l trade class 41 (entertainment). It's no longer a copyright violation, but a trademark infringement. You can't do it in such a way that creates the possibility that someone might confuse your derivative work for a genuine Disney-branded entertainment product. So it might be as simple as plastering a disclaimer over the intro to your cartoon that informs all viewers that the following is video is derived from a public domain work, and is not associated with Disney. But don't count on that saving you from the flesh-eating lawyers.