Mickey Mouse has changed a lot since he entered the public domain.
That is, since it is not subject to copyright because, between 75 and 100 years after creation, an intellectual work becomes free of rights.
Therefore, Mickey (or
a
specific Mickey, we'll get to that shortly) can be used outside the strict control of Disney, the multinational that gave him life.
Now it is possible to see him smoking, killing and committing terrorist attacks.
The iconic mouse, the ultimate symbol of the American entertainment empire and one of those great designs that are recognized simply by a silhouette, is being reinterpreted by various artists who are dedicated to creating their own extreme versions.
On the one hand, they reinterpret a myth.
On the other hand, it is a kind of long-awaited revenge against the giant Disney against the iron fist with which the corporation has protected his creations for decades.
Since January 1, 2024, the collective enthusiasm of artists has translated into an avalanche of mouse-centric content.
Of course, only the original version of him, that is, that black and white Mickey Mouse that was first seen in the movie
Steamboat
Willie
,
1928. If Mickey was an icon of childhood, entertainment, animated cinema, the American cultural empire, he is now also a symbol of the
anti-copyright movement
.
More information
Mickey Mouse is free at last (from 'copyright')
Alex Cohen, a comic book illustrator very popular on Instagram under the alias Tinisekcomics, was one of the first to subvert Mickey's traditionally friendly image.
Ironically, the author expressed his relief at “finally being able to share this historic document” without fear of legal consequences.
In the illustration of him, Mickey confesses to having assassinated former President John F. Kennedy and claims that he would do it again.
View this post on Instagram
A post shared by Tiny Snek Comics (@tinysnekcomics)
Some were already planning their projects long before the character was in the public domain.
In 2021, the MSCHF collective announced the creation of the first “celebrity mouse” artwork and sold tokens that could only be redeemed for collectibles this year.
The video game
Inverse Ninjas VS.
The Public Domain
incorporated it almost immediately as soon as possible, on January 1, 2024. All characters in this game are in the public domain, such as Alice (from Alice in Wonderland), Sherlock Holmes and Winnie the Pooh (which has also seen how, once free of copyright, it became a bloody murderer).
Other examples include
Infestation: Origins
,
where the mouse is possessed, and the webcomic
Mousetrapped
, where he plans robberies
.
Several artists have depicted him smoking, inciting workers' struggle or in bed with Shrek.
The limits of humor
This liberation, be careful, does not allow absolutely everything.
Since only the original black and white version is free of rights, it is not allowed to use its most popular image, the one wearing white gloves, yellow shoes and red pants.
And since it is a trademark, it is prohibited to associate any new Mickey creation with the Disney brand.
In addition, the release applies only to the US, for now.
According to Javier R. Gigirey, partner at Gigirey Abogados and who was Disney's legal representative in Spain, the famous mouse has not entered the public domain in Europe.
“In the EU, the date of death of the authors must be taken into account to be able to count from which date the copyright of the audiovisual work expires.”
In this way, Mickey will be free of rights in Europe 70 years after the death of its last author, that is, in 2036.
Duke University law professor Jennifer Jenkins explained that “Disney promoted the law that extended the copyright term to 95 years [from the previous term of 75 years], which became known as the
Protection Act. of Mickey Mouse
” and highlights that the text “has been criticized for having a devastating effect on our ability to digitize, archive and access our cultural heritage.”
Poster for the slasher film Mickey's Mouse Trap, in which a murderer chooses Mickey as his ideal costumeJ D Bailey Productions
Disney is known for its rigorous, sometimes aggressive, protection of its brands.
In 1989 the company threatened to sue three small daycare centers in Hallandale, Florida, for painting its characters on their walls, arguing that this could be associated with its company.
The trial did not come to fruition thanks to the intervention of Universal Studios, which allowed the representation of its characters as part of a publicity campaign.
In 2008, Disney sued a couple receiving government assistance for wearing costumes similar to those of Tigger and Eeyore from the Winnie the Pooh series.
The American giant is currently taking a Chilean car wash service called Star Wash to court for misuse of its
Star Wars brand.
Are you worried at Disney?
The Guardian
has quoted Robert Thompson, professor of film, radio and television at Syracuse University, in a report on the matter.
“Anyone who turns one hundred years old will have problems, but we see how Disney is entering its second century of life with a mountain of problems.
I doubt that the expiration of the rights to the first Mickey is the most serious of all of them, because it is not the one on our t-shirts and cushions, but symbolically, copyright is very important to Disney to the point that laws have been changed to protect to the enterprise.
It is the only company I know that is responsible for sending its lawyers if a small school in the middle of nowhere puts on an end-of-year performance of
The Lion King
.”
(It happened in 2018).
According to Jenkins, the situation is even more unfair if we take into account the “success” that Disney has had in “exploiting the public domain” throughout its history.
The director mentions that
The Snow Queen
, by Hans Christian Andersen (whose original works are currently in the public domain), served as an inspiration for
Frozen,
while
Hamlet
influenced
The Lion King
.
Additionally, the company has also produced countless versions of classic tales such as
Alice in Wonderland,
Snow White
,
and
The Hunchback of Notre Dame.
It would seem that the public domain is only liked by the company when it plays in its interests.
Even so, the director maintains that Mickey will stand the test of time, with or without rights: “His universe is much broader than what is fashionable on social networks at any given moment,” she believes.
For Jenkins, the extreme versions of the character (smoker, homosexual or terrorist) capture attention due to the clash they pose with the candor and innocence with which we associate him, but time will determine the cultural relevance of these experiments.
“If we think about the other characters in the public domain, like Pinocchio [of whom a film was released in 1996 where he was a bloody murderer] or Robin Hood [of which there are even pornographic productions].
What versions come to mind?
All Disney movies,” she exemplifies.
The expert exposes the opposite effect that these parodies can have: “There are studies that show that
unpleasant
uses of an iconic character reinforce the prestige of the original.
Time will tell, but there are reasons to think that Disney's Mickey will remain intact in the public imagination,” she concludes.
One of the first high-profile cases of Disney lawsuits against artists involved the Air Pirates collective, which published comics of the same name in which Mickey was portrayed transporting drugs and engaging in sexual encounters.
The company withdrew the lawsuit after the authors agreed to cease publication.
Disney managed to safeguard its founding symbol for almost a century, and everything indicates that its enormous power will manage to keep its image intact and armored in the collective imagination.
However, right now, somewhere, as you read these lines, someone is painting Mickey Mouse doing horrible things.
And it's legal.
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