The Public Domain is a Little Known Treasure Trove of Expired IP for Businesses
For a business owner, marketer or social media manager, the public domain is an incredibly valuable marketing resource that’s too often overlooked.
Excerpt from Steamboat Willie, Walt Disney Animation Studios (1928), Wikimedia Commons. Retrieved January 11, 2024
Happy new year Disney, your copyright’s expired
Get ready to celebrate! Every year on January 1st, a new treasure trove of creative works – books, music, films, illustrations – unlocks its doors and steps into the public domain, meaning they're free for anyone to use and enjoy.
After 95 years, Disney's rights to the iconic steamboat-steering Mickey Mouse in the 1928 film Steamboat Willie expired at the start of this year, welcoming the character's original iteration to the public domain in the United States. When it was first released, Steamboat Willie was a technological marvel, being one of the first cartoons featuring fully synchronised sound.
The laws relating to the length of copyright protections vary by country. The position in Singapore is similar to the position in the United States only in terms of works published since 1978 or unpublished works.
In Singapore, copyright in literary, dramatic, musical or artistic work (i.e. authorial works) generally lasts for a period of 70 years after the end of the year in which the author dies. Copyright in sound recordings and films generally lasts for 70 years from the making of the work, if unpublished, or typically 70 years from the date of first publication.
“In Singapore, copyright it literary, dramatic, musical or artistic work generally lacks for a period of 70 years after the end of the year in which the author dies”
Walt Disney with film roll and Mickey Mouse on his arm (1935), Wikimedia Commons. Retrieved 11 Jan 2024
What does being in the public domain actually mean for the Steamboat Willie version of Mickey?
US Courts have made clear that “when a story falls into the public domain, story elements — including characters covered by the expired copyright — become fair game for follow-on authors.” This means that anyone can share, adapt, or remix Steamboat Willie.
However, "public domain" status applies only to the long-armed and gloveless Mickey Mouse as depicted in the 1928 film. Later versions of Mickey Mouse, including all modern iterations, remain under Disney's copyright and trademark protection. Additionally, you cannot confuse others into thinking that your creation is produced or sponsored by Disney. To avoid confusion, you should clearly identify yourself (or your company) as the creator on the title screen and cover. Additionally, include a disclaimer stating the work is not affiliated with Disney.
The public domain status opens up exciting possibilities for creative reuse of the original Steamboat Willie Mickey, but it's still important to be mindful of the limitations and avoid infringing on any other intellectual property rights held by Disney.
How businesses can leverage expiring copyright
When copyrighted works enter the public domain, businesses gain free access to a vast library of material. These resources can be utilised for various purposes, such as marketing and branding, product development, and educational resources.
“When copyrighted works enter the public domain, businesses gain free access to a vast library of material”
Uber recently posted a still image from Steamboat Willie on Instagram to market its Uber Boat service, newly launched in 2023 in Mykonos and operating since 2020 in London.
And as former law students with far too much time on our hands, some of us may or may not have raided Wikimedia Commons and taken liberties with John Tenniel’s public domain Alice in Wonderland illustrations while at NUS Law:
Alice at NUS Law, Chapter One: A Law School Companion (2nd Ed, 2009) 20
Disney itself has a long history of drawing inspiration from older stories, especially fairy tales and folklore that have entered the public domain. This allows them to reimagine classic narratives for new audiences while putting their own unique spin on the tales.
“Disney itself has a long history of drawing inspiration from fairy tales and folklore in the public domain”
For example, Frozen (2013) was inspired by Hans Christian Andersen's fairy tale "The Snow Queen," Sleeping Beauty (1959) was based on the classic fairy tale by Charles Perraul, while Snow White and the Seven Dwarfs (1937), Cinderella (1950), and Rapunzel (2010) were based on the Brothers Grimm fairy tales of the same name.
What else joins the public domain in 2024?
Due to differing copyright laws around the world, there is no one single public domain, but there are three main types of copyright term for historical works.
Along with Steamboat Willie in the United States, newly entering the public domain in 2024 are:
Works by people who died in 1953 (for countries like Singapore, UK, Canada and most of the EU with a copyright term of “life plus 70 years”), for example Herman J. Mankiewicz’s Citizen Kane;
Works by people who died in 1973, for countries with a term of “life plus 50 years” (this applies to much of Africa and Asia). Examples include J. R. R. Tolkien’s The Hobbit and The Lord of the Rings;
Films and books (including art) published in 1928 (relevant solely to the United States), for example A. A. Milne’s House at Pooh Corner, introducing the Tigger character (with illustrations by E. H. Shepard).
Pooh meets Tigger, illustration by EH Shepard (1928), Wikimedia Commons, Retrieved 11 Jan 2024
Disclaimer
As always, the information provided here is for general informational purposes only and does not constitute legal advice. The duration and scope of copyright protection, as well as the date of entry into the public domain, vary significantly from country to country and may depend on the specific characteristics of the work in question.
Here at That.Legal LLC, we stand ready to assist you. Our team of industry leading IP lawyers possess in-depth knowledge of national and international laws, enabling us to provide comprehensive legal advice tailored to your needs.
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