2 ms·
Relevant EFF explanation of what will happen: https://www.eff.org/deeplinks/2016/01/well-probably-never-free-mickey-thats-beside-point https://www.eff.org/deep
by GFischer 9y ago
Relevant EFF explanation of what will happen:
https://www.eff.org/deeplinks/2016/01/well-probably-never-free-mickey-thats-beside-point https://www.eff.org/deeplinks/2016/01/well-probably-never-fr...
In 2018, the copyright on those early Mickey cartoons will end (if Congress doesn't repeat the sins of '76 and '98, that is—and you can bet we'll be pulling out all the stops to prevent that). What happens then?
Almost nothing, if Disney and friends get their way.
title card for Steamboat Willie Those Mickey cartoons are almost certainly in the public domain anyway. In the late 1920s, copyright wasn't automatic: rightsholders had to undertake certain "formalities"—registering with the Copyright Office and displaying correctly formatted notices—and then renew those formalities periodically. Scholars who've looked into the matter make a very good case that the early Disney organization flubbed its registration, notice and renewal, and there are probably cartoons that are in the public domain today.
Which is not to say that Disney wouldn't sue you if you tried to remix them, upload them to the Internet Archive, or sell them in on a compilation DVD of other public domain cartoons from the period. They almost certainly would, and it would cost you an unthinkable sum of money to defend yourself. Emerging victorious but impoverished, you would have won a small victory.
But at that point, we expect that Disney will try to use another body of law to suppress creativity and commerce involving Mickey Mouse, whether or not "Steamboat Willie" and "Plane Crazy" are in the public domain: trademark law. If you sell something Mickeyish—including its public domain cartoons—Disney might ask a court to stop you because people who buy the
cartoons from you may think they're buying from Disney. Back to court with you!