4 ms·

No. This is not true. Derivative works are a thing. If that were true Disney would never have been able to make their derivatives of Pinocchio or Snow White. A

No. This is not true. Derivative works are a thing. If that were true Disney would never have been able to make their derivatives of Pinocchio or Snow White. After Steamboat Willie expires you bloody damned well can make your own Mickey Mouse cartoon, comics, dolls, or whatever as long as you're not claiming to be Disney or using an exact copy of one of their later derivatives.

elliekelly 8y ago
Derivative works of expired copyrights, yes. Disney doesn't own the plot to Snow White and never has because the Snow White story is in the public domain. Movies in the public domain can be reproduced in full or in part (as you mention, an exact copy) and the plot/storylines can be copied but Disney has a solid trademark claim on their characters. And that trademark claim continues indefinitely so long as Disney continues to use those characters in the marketplace. If you make a cartoon using Mickey Mouse will reasonable consumers falsely attribute that cartoon to Disney? Yes. That cartoon would likely cause confusion in the market place. Mickey Mouse is inextricably linked to Disney in the consumer's mind. You cannot use the Mickey Mouse character even if you never claim to be Disney. Further, I would argue that you cannot use the character even if you explicitly state you are not Disney because Disney's primary consumers are children and even with a disclaimer the mere use of the mark would likely cause consumer confusion.
- caf 8y ago
  Further, I would argue that you cannot use the character even if you explicitly state you are not Disney because Disney's primary consumers are children and even with a disclaimer the mere use of the mark would likely cause consumer confusion. Ahh, but were I opposing counsel I would argue that the children young enough to be unable to read and comprehend the clear disclaimer that this is not a Disney production are also too young to have made the purchasing decision and therefore cannot be considered a market participant / consumer.
  - elliekelly 8y ago
    I would welcome you as opposing counsel because I would mop the floor with you. It's well-established that children can be and are consumers. In fact, both the FTC and CPSC have special regulations applicable to advertising and products for consumers under the age 12. Could you be convinced to take over for opposing counsel on my current docket? I would be most appreciative.
    - caf 8y ago
      We're not talking about under age 12 here though, we're talking about under age 5. And furthermore it is not convincing unless you find a precedent involving toddlers as consumers specifically in a trademark / passing-off case.
- zozbot123 8y ago
  Doesn't "Steamboat Willie" predate even the 'Mickey Mouse' name, anyway? I think it would be quite feasible to make a derivative work of SW that still had so many deliberate changes compared to what people associate with the present-day Mickey Mouse trademark, that no one, not even a young child, would be expected to conflate the work with Disney's products. This is one thing that would not be possible if SW failed to enter the public domain. Of course, things would become more interesting-- and perhaps more challenging-- as later stuff started entering the public domain as well; just as with "Sherlock Holmes", many features of Mickey's character were slowly accreted over time.

elliekelly 8y ago

Derivative works of expired copyrights, yes. Disney doesn't own the plot to Snow White and never has because the Snow White story is in the public domain. Movies in the public domain can be reproduced in full or in part (as you mention, an exact copy) and the plot/storylines can be copied but Disney has a solid trademark claim on their characters. And that trademark claim continues indefinitely so long as Disney continues to use those characters in the marketplace. If you make a cartoon using Mickey Mouse will reasonable consumers falsely attribute that cartoon to Disney? Yes. That cartoon would likely cause confusion in the market place. Mickey Mouse is inextricably linked to Disney in the consumer's mind. You cannot use the Mickey Mouse character even if you never claim to be Disney. Further, I would argue that you cannot use the character even if you explicitly state you are not Disney because Disney's primary consumers are children and even with a disclaimer the mere use of the mark would likely cause consumer confusion.

caf 8y ago
Further, I would argue that you cannot use the character even if you explicitly state you are not Disney because Disney's primary consumers are children and even with a disclaimer the mere use of the mark would likely cause consumer confusion. Ahh, but were I opposing counsel I would argue that the children young enough to be unable to read and comprehend the clear disclaimer that this is not a Disney production are also too young to have made the purchasing decision and therefore cannot be considered a market participant / consumer.
- elliekelly 8y ago
  I would welcome you as opposing counsel because I would mop the floor with you. It's well-established that children can be and are consumers. In fact, both the FTC and CPSC have special regulations applicable to advertising and products for consumers under the age 12. Could you be convinced to take over for opposing counsel on my current docket? I would be most appreciative.
  - caf 8y ago
    We're not talking about under age 12 here though, we're talking about under age 5. And furthermore it is not convincing unless you find a precedent involving toddlers as consumers specifically in a trademark / passing-off case.
zozbot123 8y ago
Doesn't "Steamboat Willie" predate even the 'Mickey Mouse' name, anyway? I think it would be quite feasible to make a derivative work of SW that still had so many deliberate changes compared to what people associate with the present-day Mickey Mouse trademark, that no one, not even a young child, would be expected to conflate the work with Disney's products. This is one thing that would not be possible if SW failed to enter the public domain. Of course, things would become more interesting-- and perhaps more challenging-- as later stuff started entering the public domain as well; just as with "Sherlock Holmes", many features of Mickey's character were slowly accreted over time.