Houston, TX asked in Copyright and Intellectual Property for Texas

Q: As you know, the copyright for Steam Boat Mickey recently expired. What are characteristics we can use in our mock ups?

Can we use the words "Mickey Mouse"?

Can he have different clothes on my drawings?

What exactly are the limitations?

2 Lawyer Answers
Sheldon Starke
Sheldon Starke
Answered
  • Intellectual Property Lawyer
  • Beachwood, OH

A: Honestly, this is work. This falls under the category of business. You can still find highly rated and experienced attorneys who do entertainment law here on Justia. Look for attorneys in smaller areas, still Metropolitan areas, where the cost of living is not so high. You get more for your money. Best of luck to you and happy hunting.

James L. Arrasmith
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Answered

A: With the expiration of the copyright for "Steamboat Willie," the specific version of Mickey Mouse as he appeared in that 1928 film has entered the public domain. This means you can use the characteristics of Mickey Mouse as depicted in that particular film, including his design and appearance from that era.

However, it's crucial to note that later versions of Mickey Mouse, and the trademark on the name "Mickey Mouse," are still protected. This means while you can use the specific depiction of Mickey from "Steamboat Willie," you cannot use the name "Mickey Mouse" or any characteristics from later versions of the character that are still under copyright.

Regarding clothing, you can dress the "Steamboat Willie" version of Mickey in different attire in your drawings. But be cautious not to incorporate elements from later versions of the character or from other copyrighted materials.

The limitations are significant and nuanced. It's advised to consult with a legal professional who is experienced in copyright and intellectual property law before proceeding. They can help ensure that your use of the character adheres to legal guidelines and does not infringe on any active copyrights or trademarks. Remember, while some aspects are now in the public domain, others remain protected, and navigating these distinctions is critical.

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