For people who are lovers of Disney and the famed character, Mickey Mouse, the title, “Steamboat Willie” may be familiar . For those who may not know, “Steamboat Willie” was the title of the first successful short film Walt Disney created that included the first version of Mickey Mouse.[1] The short cartoon made its first appearance on November 18, 1928, at the Colony Theater on Broadway in New York City.[2] It is believed that the idea for using a mouse as a character was derived from a playful mouse that Walt Disney discovered living in his Kansas City Studio.[3] The importance of “Steamboat Willie,” is not just that it included the first version of Mickey Mouse, but as of January 1, 2024, the copyright to the short film expired.[4] Due to the expired copyright, “Steamboat Willie” enters the public domain, leaving its fate up for grabs.

Now that “Steamboat Willie” has entered the public domain, it is important to understand what this entails for the future of the cartoon, especially the specific version of Mickey Mouse. Public domain is a term used for materials that are not, or are no longer, protected by intellectual property laws, such as copyrights.[1] As is the case with “Steamboat Willie,” one way that materials can enter the public domain is through the expiration of the copyright.[2] When a piece of creative work enters the public domain, the public community then has a right to use such works without having to seek permission that would typically be required of copyrighted material.[3] However, just because the public now possesses the ability to use these creative works, they do not have any ownership interest in them.[4]

The Sol Blatt, Jr. Law Library contains materials pertaining to general copyright laws, copyrights and artwork, copyrights with digitally created material, and other similar subjects. If you are interested in learning more about copyright laws and similar subject matter, please feel free to check out books available at our library:

• Without Copyrights: Piracy, Publishing, and the Public Domain, by Robert Spoo, Call No. KF2994 .S65 2013.
• Hollywood’s Copyright Wars: From Edison to the Internet, by Peter Decherney, Call No. KF3070 .D43 2012.
• Clearance & Copyright: Everything You Need to Know for Film and Television, by Michael C. Donaldson and Lisa A. Callif, Call No. KF3070 .D66 2014.

Notes

[1] Dave Smith, Steamboat Willie, Library of Congress, https://www.loc.gov/static/programs/national-film-preservation-board/documents/steamboat_willie.pdf (last visited Mar. 25, 2024).

[2] Supra.

[3] Supra.

[4] Anna Surace, Disney’s Copyright on the 1928 Mickey Mouse has expired: what will happen now?, Bugnion SpA, (Jan. 30, 2024), https://www.bugnion.eu/en/disneys-copyright-on-the-1928-mickey-mouse-has-expired-what-will-happen-to-the-famous-mickey-mouse/.

[5] Rich Stim, “Welcome to the Public Domain,” Copyright Overview (NOLO), https://fairuse.stanford.edu/overview/public-domain/welcome/ (last visited Mar. 25, 2024).

[6] Supra.

[7] Supra.

[8] Supra.

Andy Snow

Charleston School of Law
Juris Doctor Candidate, May 2024
Research Fellow, Sol Blatt, Jr. Law Library